Attrition among agency lawyers, because of debt, erodes legal aid
By Stephen Anderson
An honest employment advertisement for Legal Aid Attorney might read something like this: “Long hours, low pay, little advancement, limited support and demanding clientele, but plenty of collegial gratitude.”
Not only does that description lack inducement, but many of those who labor awhile in the legal aid field may be searching and hoping for more lucrative opportunities.
A recent study of recruitment and retention, among 26 organizations that provided legal assistance in Illinois between May and October 2005, reveals that almost half of their attorneys may leave within three years.
A further revelation is that the loss of even 10 percent of the legal aid workforce in one year could mean curtailment of service to as many as 10,000 clients. As it is, only one legal aid lawyer is available for every 4,752 problems faced by the state's low-income population.
Why do they look elsewhere for professional advancement? The reasons are largely, but not solely, financial. The average beginning legal aid attorney has a starting salary of $38,500 and a law school debt of more than $60,000.
But participants in the study also identified factors such as lack of professional support and training, particularly in working with the mentally ill and improving supervisory skills.
Durbin proposes subsidy
U.S. Sen. Richard Durbin of Illinois announced last month after the election that he plans to reintroduce the Prosecutors and Defenders Incentive Act to provide relief from student debt for lawyers in the criminal justice system.
“It's the highest priority,” Durbin said of the legislation, which was passed in May by the Senate Judiciary Committee but failed to get to the floor for a vote.
The bill calls for payment of $10,000 per year for law school loans secured through federal programs to graduates who make commitments to serve at least three years as assistant state's attorneys or public defenders.
Coalition urges relief
“When legal aid attorneys are forced to find other jobs just to be able to support their families and pay their bills, we know the system is in trouble,” said Joseph A. Dailing, executive director of the Illinois Coalition for Equal Justice.
The coalition, established by the Illinois State Bar and Chicago Bar Associations, released the study, “Investing in Justice: A Framework for Effective Recruitment and Retention of Illinois Legal Aid Attorneys,” on Nov. 15, along with the Chicago Bar Foundation.
Dailing added that the daily struggle to make ends meet “is getting worse as law school tuition continues to rise.” According to the study, education debt prevents most graduating law students from considering public service careers.
The study urges law schools to address the impact of tuition increases by providing public interest law scholarships, fellowships and loan repayment assistance programs.
Loan repayment assistance was also cited as a responsibility of the legal profession, state and federal governments. And public and private funding is needed to make legal aid salaries more competitive.
To obtain or review the full report, visit
www.chicagobarfoundation.org.