The Rural Rescue: Tackling Arkansas’s Legal Deserts Through Proven Statutory Reform

Abstract

In some rural counties of Arkansas, a single attorney is responsible for serving thousands of residents, depriving many Arkansans of even basic legal representation. Imagine facing eviction, fighting for custody of your child, contesting a divorce, or navigating the complexities of probate with no attorney for miles. This stark reality exemplifies the growing “legal deserts” problem facing rural Arkansas, where access to justice has become a luxury rather than a right. To combat the growing shortage of legal professionals in rural areas, states seek new solutions—some proving more successful than others. Several states have implemented rural attorney incentive programs, typically managed by their respective judicial branches or bar associations. Such programs, alongside scholarships, fellowships, and incubator projects, aim to attract and retain lawyers in underserved, rural communities. This Note examines the ongoing rural legal desert crisis in Arkansas and proposes that the state adapt its rural physician recruitment program to increase the presence of Arkansas lawyers in rural communities. It also considers how Arkansas can implement elements from other states’ successful incentive programs for rural attorneys to further enhance efforts to address its legal deserts problem. Section II seeks to provide background on Arkansas’s legal landscape, compare rural attorney incentive programs from other states, and explore the state’s rural practice incentive model for physicians. Section III suggests a solution, proposing that Arkansas adapt its statutory rural physician program to create a parallel model for attorneys, while also addressing potential implementation barriers. Section IV concludes with a call to action, urging Arkansas lawmakers and the legal community to explore the proposed solution and expand access to justice in rural areas