Arkansas Access to Justice

Arkansas Has Implemented Best Practices to Mitigate Attorney Shortage More Work is Needed to Accommodate Self-Represented Litigants

By Jordan-Bates Rogers

Many Arkansas attorneys likely know that there just aren’t enough of us in the state. Arkansas is ranked sixth from last in attorneys per capita, according to a recent American Bar Association report. In recent years, we have even tied for last place. This lawyer shortage impacts the ability of Arkansans to access the courts. However, the pain isn’t spread evenly. Higher population counties like Pulaski, Washington, and Benton have plenty of attorneys. In fact, these three counties account for the vast majority of all attorneys who reside in the state. Meanwhile, our rural counties are critically underserved. Cleveland County is currently the only Arkansas county with no resident attorneys. However, given the aging of the rural bar, Cleveland County might be joined by more rural counties. This impacts all rural Arkansans, but low-income folks are harmed the most, because attorneys tend to focus their pro bono efforts where they live and work.

In response to this attorney shortage, Arkansas has done an outstanding job of adopting policies to facilitate pro bono service and improve access to attorneys. According to the Justice Index, a report compiled by the National Center for Access to Justice, Arkansas ranks 8th in the nation in attorney access. This ranking is based on factors like whether a state: provides a right to counsel in certain cases, relaxes rules to make pro bono service easier, and reports data about the need for pro bono service. Among other things, Arkansas gets points for: • Encouraging attorneys to provide 50 hours of pro bono service; • Permitting judges to encourage pro bono service; • Waiving licensure requirements for outof-state attorneys, retired attorneys, and inactive attorneys who provide only pro bono services; • Allowing attorneys to earn CLE credit for pro bono work; and • Authorizing limited scope representation.

This ranking is thanks to years of collaboration among partners, including the Arkansas Supreme Court, the Arkansas Bar Association, legal aid, and many others.

As we celebrate our achievements in improving access to attorneys, we must also start the work of providing better access to our courts for those without a lawyer. The sad reality is that there will always be court users who don’t have an attorney. Approximately 658,464 Arkansans earn so little that they can’t meet the basic needs of life and, therefore, qualify for legal aid. However, with just 59 legal aid attorneys in the state, legal aid simply can’t meet the need. Neither can pro bono service. As important as pro bono work is, with 6,808 resident attorneys and hundreds of thousands of Arkansans qualified for legal aid, no pro bono program can ensure that every low-income Arkansan with a legal problem will be served by a lawyer.

With that reality in mind, we should build a court system that allows every Arkansan to access justice, regardless of whether they have an attorney representing them. The Justice Index provides some solutions, including: • Providing plain language court forms for common case types, such as divorce, child support modification, eviction, etc.; • Establishing a statewide self-help center which can be accessed remotely; • Simplifying and explaining the fee waiver process; • Seeking feedback from self-represented litigants to help improve court procedures; • Permitting cell phones in courts to allow for presentation of relevant evidence; and • Offering text message reminders for hearings.

Some of these recommendations are ambitious, but bold action is required to close the justice gap. While implementing some of these reforms might be challenging, it is achievable. This can be seen in the number of states that have already adopted some of the reforms. Fifteen states collect feedback from self-represented litigants on court services, 17 states have policies allowing cellphones in courts, and nine states offer text message reminders of hearings or appointments. These aren’t just better-resourced and larger states either. For example, five of the six states that neighbor Arkansas have already created at least some plain language forms for common case types. Montana, an even less populous state than Arkansas, has adopted reforms that make the fee waiver process easier.

The bottom line is that Arkansas can do this. We have shown that we have the compassion and willingness to adopt reforms to improve attorney access and facilitate pro bono service. We can and should do the same to make our courts easier to navigate for those who will not get access to an attorney.

The following sources were used in preparation of this article: Profile of the Legal Profession 2021, A.B.A. (July 2021), https://www.americanbar.org/content/dam/ aba/administrative/news/2021/0721/polp. pdf; ABA Profile of the Legal Profession 2020, A.B.A. (July 2020), https://www. americanbar.org/content/dam/aba/ administrative/news/2020/07/potlp2020. pdf; https://www.americanbar.org/content/ dam/aba/administrative/news/2021/0721/ polp.pdf; Attorney Access, National Center For Access To Justice (2021), https:// ncaj.org/state-rankings/2020/attorneyaccess; Arkansas State Profile, Legal Services Corporation, https://www.lsc. gov/node/1102; and Self-Representation, National Center For Access To Justice (2021), https://ncaj.org/state-rankings/2020/ self-representation. ■