Mainebiz

W W W. M A I N E B I Z . B I Z 19 N OV E M B E R 1 5 , 2 0 2 1 F O C U S L AW Stretched thin e shortage means available lawyers are as busy as they want to be. "ey're working hard," says Armstrong. "ey have that mindset of wanting to help everyone they can, but they are stretched thin because there are only so many of them in their area." Clients might have to look outside their communities to hire a lawyer, or might represent themselves, pro se. "One of the impacts for clients, and the judicial system itself, is that, if clients don't want to wait for an attorney or there isn't one nearby, they might choose to advocate on their own behalf, and be a pro se litigant," says Armstrong. "Clients are not necessarily getting the represen- tation they really need by going pro se because they don't have the legal knowl- edge and expertise that lawyers possess, and it taxes the court system as well." Another challenge is covering all sides of a conflict. "e fewer attorneys in a small town, the more conflicts of interest you'll run into over time," says Ryan Rutledge. "If there are only two attorneys in the town, usually at least one of them has a conflict on any given case. When people call my office and say, 'I need help with this issue,' the first thing we do is a conflict check. It is not uncommon for me to have to turn away clients because of the conflicts that exist within our smaller community." Rutledge is a 2019 Maine Law grad who was an inaugural Rural Practice Fellow through Maine Law's Rural Lawyer Pilot Project. He served first with Bemis & Rossignol in Presque Isle and then with Mills, Shay, Lexier & Talbot in Skowhegan, where he accepted an associ- ate attorney position after graduation. Originally from Savannah, Ga., and later working with a creative branding agency in Charleston, S.C., he and his wife fell in love with Maine when they visited in 2015. Law school beckoned, and he liked the idea of a rural practice. "I had no desire to go to law school and then cut my teeth in some 80-to- 100-hour-per-week firm," says Rutledge. "I have great quality of life. I do work quite a bit, but I have a lot of flexibility." Like Everett, he enjoys the ability to see cases through. "After speaking with several col- leagues from my graduating class, my understanding is that a lot of folks who went to work at bigger firms are working on big files and collaborating with other departments within the bigger firms," says Rutledge. "How many of those attorneys end up getting to see the court- room as the case progresses? Usually only one or two. I'm averaging three times a week in court. And that was within the first year and a half of practice." He adds, "It's much more enjoyable when you get to see the fruits of your labor. You get a lot more exposure to every part of the process, and a lot more often." Solutions In addition to the Rural Law Fellowship Program, Everett says he'd like to see more focus on training rural residents for the law. "How can we eliminate barriers and open roads to people from these counties who might have significant barrier to picking up their lives and moving to Portland — people who want to come back to the area to stay, as opposed to trying to attract people who don't stay?" he says. Other initiatives are in the works. In 2020, the Maine State Bar Association created a rural practice initiative com- mittee. Working with Maine Law, the committee is looking at ways to attract students to rural careers. Before the pandemic stymied the committee's first career fair this year, intended to match students with rural firms, plenty of employers had signed on. "It told us there are plenty of rural jobs," says Johnson, a member of the committee. e committee meets regularly to develop resources to help new lawyers connect with retiring rural lawyers. at includes an online community message board to facilitate conversations between retiring and incoming lawyers. In July, the Maine Legislature enacted a bill to provide an income tax credit up to $6,000 for five years for attorneys who agree to practice for at least five years in an underserved area. In her testimony to the Legislature, Reeves called the shortage a crisis and said it not only limits access to justice but may also limit economic activity such as business expansions, real estate transfers, and municipalities and non- profits navigating complex regulatory requirements. Says Rutledge, "It's a war of attrition. We need to make sure access to justice doesn't depend on your ZIP code." Laurie Schreiber, Mainebiz senior writer, can be reached at lschreiber @ mainebiz.biz Rebecca Greenfield Ann Robinson Margaret LePage Margaret Smith Olga Goldberg Katherine Kayatta Andrea Suter Katy Rand Sarah Tracy Jana Magnuson Katie Minervino Emily Cooke Lisa Gilbreath Molly Liddell Barbara Wheaton MERRILL'S WHARF • COMMERCIAL STREET • PORTLAND, MAINE • PIERCEATWOOD.COM Investing in Maine's Future For over years, Pierce Atwood has built a reputation in Maine as a firm that attracts and retains superb legal talent, delivering superior client satisfaction and exceptional value. Our attorneys have helped startups grow into vital Maine businesses, advised companies on succession planning and valuation, navigated financing and land use issues for major real estate developments, facilitated strategic acquisitions and mergers, protected ideas and new technologies, and assisted employers in recruiting and retaining skilled employees. How can we help take your business to the next level? Let us know. We're here to help. Pierce Atwood. There's a reason… We need to make sure access to justice doesn't depend on your zip code. — Ryan Rutledge Mills, Shay, Lexier & Talbot

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