Law student debt, underemployment, unmet legal needs - 3 problems, 1 solution?

Springfield lawyer George Petrilli proposes a win-win-win solution to the three problems of student debt, lawyer underemployment, and client underrepresentation. "A loan obligation reduction plan for federally funded student loans would allow attorneys to reduce their student debt while providing legal services to the underrepresented," Petrilli writes in the latest ISBA YLDNews. "This program would afford young lawyers valuable time and experience actually practicing law by analyzing facts against legal theory, arguing motions and drafting appeals.

"This in turn would allow the young attorneys to develop into productive professionals and make these young attorneys more marketable," he writes. "At the same time, traditionally underrepresented segments will gain access to necessary legal representation, where typically none would be afforded." Read his proposal.

Posted on October 18, 2012 by Mark S. Mathewson
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Member Comments (2)

I'm liking it.

I'm not entirely sure how much difference this proposal would make. First of all, debt reduction isn't the same thing as actual income; if you don't have a paying job at all, you're probably more worried about paying for rent and food than your loan debt. Second, for those who are employed, most young lawyers will be able to qualify for income-based repayment on their federally guaranteed loans which caps the amount they have to pay anyway, and there is some provision for lawyers who work in the public sector or public interest for loan forgiveness after ten years (yes, a long time). Conversely, for those not qualifying for income based repayment, is that the group of young attorneys most in need of assistance (making over $75,000/yr or not owing much debt to begin with)? I would suggest not.

Setting that aside, are we assuming that new lawyers freshly admitted to the bar are capable and competent to offer representation without supervision? I know I didn't feel that confident; I was fortunate enough to volunteer with an established legal aid organization, but that requires resources and mentoring from the legal aid organization. My sense is that most organizations, in the legal field and otherwise, cap the number of interns and volunteers not because of lack of work to do, but because of a lack of employee resources to oversee them. On the other hand, maybe I'm missing the author's point here and he's aiming more at lawyers in small to medium firms or in smaller communities, who have support from more senior lawyers to do solid pro bono work. Maybe the proposal makes sense in that context... but I'm skeptical if there are enough young lawyers in that particular niche to make a meaningful impact on the need for legal services.

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