Portraits of the Indiana Supreme Court’s justices hang in their chamber.
(Whitney Downard/Indiana Capital Chronicle)
The bipartisan commission charged with assuaging the state’s attorney shortage recommended funding legal practice startups and a regulatory “sandbox” agency — among other budgetary and legislative suggestions — in an interim report released Thursday.
It comes ahead of the Legislature’s brainstorm-filled interim committee meetings and its January budget-writing session.
More than half the state’s 92 counties are considered “legal deserts,” defined as under one lawyer per 1,000 residents, according to the American Bar Association.
“This puts at risk access to justice for Hoosiers everywhere,” Appeals Court Judge Nancy Vaidik and Indiana Supreme Court Chief Administrative Officer Justin Forkner wrote of the shortage.
The duo, which chaired the Commission on Indiana’s Legal Future, called the crisis “a challenge entirely of our profession’s own making.”
“Therefore, (it is) one we are fully capable of correcting so long as we rise to the occasion together,” they wrote. “Stemming the tide will require bold and thoughtful innovation.”
The Indiana Supreme Court created the commission in April and gave it an August deadline for suggestions involving financial asks or legal changes. That’s because lawmakers are preparing to enter the biennial budget session.
The group put forth five “priority” funding recommendations.
At the top of its list was a stipend for legal practice startups, for use on expenses like rent, utilities, insurance, legal research services, databases, case management software and billing software.
Those costs are most burdensome in the startup phase because the attorney is still building clientele, per the commission. It also noted that new, small firms can’t benefit from economies of scale.
“A modest stipend to those lawyers, particularly newer lawyers, would alleviate some of those overhead stressors and incentivize lawyers to practice in areas of high legal need,” the commission wrote.
It next suggested funding scholarships for incoming law students who’ve committed to practicing as public prosecutors or defenders, similar to an existing program for Hoosier teachers.
The county-funded gigs typically pay poorly, so the scholarships could help law students lower their post-graduation debt loads and keep them in public interest work, the commission wrote.
It included a draft proposal for the scholarships.
Third, the commission proposed a regulatory “sandbox” program allowing “innovative” legal offerings in “a controlled manner outside the bounds of the typical rules governing the legal profession.” It would authorize and evaluate non-traditional legal services pilots, as inspired by a 2020 Utah agency.
Fourth, the commission recommended startup funding for law firms using a nonprofit model, and included a slide deck on the idea in its report.
It cast the model’s sliding scale fee structure as a solution to the middle-class affordability gap, in which the rich can pay full price and the poor qualify for legal aid, with middle-class Hoosiers in the lurch.
Finally, the commission encouraged the Indiana Supreme Court, the state’s bar association and law schools to establish a statewide legal incubator for attorneys who want to start private practices in legal deserts.
Among several non-priority budget asks to address the attorney shortage were suggestions for student loan help, legal aid service supplementary funding and court technology boosts.
Legislative, rule changes proposed
The commission asked lawmakers for four amendments to Indiana code, beginning with a “sandbox”-friendly tweak complete with suggested legislative language.
It would allow those participating in Indiana Supreme Court-approved initiatives to act as attorneys without committing a misdemeanor.
Another change would let cities expand their hiring searches for law department leaders to those who live in contiguous counties, instead of the current single-county limit.
A third proposal would loosen attorney requirements in small claims cases. Businesses could choose whether to hire counsel in actions worth up to $25,000 instead of being forced to find representation in claims worth more than $6,000.
A fourth would encourage counties to allow public internet access in their courthouses by protecting them from civil liability in the event of a data breach.
The commission also suggested nearly a dozen changes to court rules, like finalizing remote proceeding policies — and “cement(ing)” them as “part of the norm as opposed to an exception.”
Other court rule recommendations included looser restrictions on attorneys licensed in other states, allowing artificial intelligence in court interpretation services, eliminating local bans on bringing electronic devices into courthouses, protecting judicial officers filmed without their knowledge, and offering attorneys working pro bono some discipline and liability protections.
Indiana Supreme Court spokeswoman Kathryn Dolan said the court is reviewing the report and thanks the commission for “its tremendous work.”
The court is seeking feedback via an online form, she said.
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