Where Have All The Lawyers Gone?

Career prosecutors are fleeing the offices  of the United States Attorneys and Department of Justice. The MAGA faithful call them “Biden prosecutors,” but they were there long before Biden, including during Trump’s first term, when Bill Barr, the fellow who told Trump he lost the election, was the Attorney General. Bondi is trying to fill the gaps with JAG lawyers, while her former chief of staff, Chad Mizelle, put out a solicitation on twitter.

Never before has there been a need to beg for lawyers to work for the DoJ. Then again, never before has supporting Trump been a job requirement. Indeed, the DoJ took pride in its political independence, as it was a core feature of its legitimacy, that it showed neither political fear nor favor. That’s gone, as are the AUSAs who had any respect for ethics.

This is damn good news for people engaged in crime, as the obsession with immigration means the likelihood of being caught and prosecuted in slim, and the chances of winning if you are caught and prosecuted is far better than its ever been. Bondi’s DoJ is losing far more than any office before it. Then again, if you have the misfortune of being convicted, there’s always the backdoor of a paying Trump for a pardon. It’s expensive, but always available.

But as my adored Editor Beth pointed out the other day, it’s not just the DoJ that’s suffering a lawyer shortage.

The Indiana Supreme Court issued a ruling in February 2024 that allows graduates of online law schools not accredited by the American Bar Association to take the Indiana Bar exam as soon as they graduate.

The expansion of online law school is a solution to the state’s growing attorney shortage, one that is gaining traction.

It turns out that Indiana is a legal desert, with there being too few lawyers in much of the state to satisfy the needs for representation. To address this shortage, Indiana has allowed online law grads to take the bar exam, meaning they can become lawyers even though the ABA, still the accrediting agency in most states, doesn’t recognize online law schools.

“One of the best ways to get lawyers into rural areas is to make it easier for people who already live in those areas to stay where they are while going to law school,” said Pritikin.

Purdue Global has seen an uptick in Indiana enrollment as a result of the new waiver system.

More than half of Indiana’s counties are considered a legal desert, which is when a county has less than 1 lawyer for every 1,000 residents.

Thus far, five online law students have taken the Indiana bar and all have passed. Not a bad showing, although passing the bar reflects the minimum competency expected of a lawyer. Contrary to the cries of law students who fail the bar, it’s just not that hard to pass. But is this good enough to make a lawyer?

However, the Indiana State Bar Association says its members are split on the idea of fully online law schools.

“I think most would agree it’s a better experience if you can go away to a brick and mortar law school, but we certainly realize the upside of having a fully online school,” said Joe Skeel, executive director at the Indiana State Bar Association. “Our members would differ on whether it’s the best way to get a law degree.”

Few lawyers would contend that the experience of online law school is the equivalent of being there, but that really isn’t the question when the alternative is not having any lawyer available, particularly when it comes to criminal prosecution and defense.

Monroe County prosecutor Erika Oliphant is hesitant about online law school as a solution to the state’s attorney shortage.

“I do think we have to be careful because attorneys have a lot of trust and responsibility to their clients,” said Oliphant.

Careful? As in not begging for twitter law school grads like Chad Mizelle? Obviously, but what are the options?

In Howard County, prosecutors dismissed charges in the 2006 murder case of Chad Rouse, citing a “staffing crisis.”

It’s one thing to beat a murder charge, but it’s another to walk away because there’s no one to prosecute.

WRTV Investigates asked Oliphant if she might also have to dismiss a murder case, and she said no.

“A lot of cases end up getting a volume discount,” said Oliphant. “A lot of cases get dismissed pursuant to plea agreement. It saves us time and attention to do that, but I don’t aways think it’s the best thing to do.”

Of course, Monroe County, Indiana, hasn’t directed its prosecutors to focus primarily on deporting immigrants, allowing Oliphant to prosecute the most serious crimes even if she has to cut others a “volume discount.” Maybe the tides have turned and the thrill of prosecuting people isn’t what it used to be. Or maybe the problems in rural Indiana are entirely different than those afflicting Trump’s DoJ. Or maybe the solution is Trump Online Law School, which can turn out federal prosecutors in the same time it takes to train an ICE agent. After all, you don’t have to be much of a lawyer to win when the Immigration Judges also work for the same department.


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13 thoughts on “Where Have All The Lawyers Gone?

  1. LocoYokel

    ISTR that in wasn’t all that long ago we (you) were bemoaning the glut of lawyers and that recent grads and bar admissions were unable to find jobs. What happened to turn this around so quickly and drastically?

    1. Anonymous Coward

      I think it depends on where and what kind of lawyer. Rural Indiana can be short of lawyers while California is overrun with unemployed law graduates. Also different specialties may in short supply or over suppled. The Oregon Supreme Court just ordered over 1000 cases dismissed for failure to provide a public defender in a reasonable amount of time. Portland has lots of lawyers, Grant’s Pass not so many, and how many are criminal defense specialists?

      1. Paul B.

        Are there really that many opportunities for lawyers to make a living in rural Indiana? How many people in rural Indiana actually can afford to pay a lawyer, even if they need one? A few years ago there were several articles about Valpo law school closing down because so many of their graduates had massive student loan debt and couldn’t find jobs.

  2. Jeff

    It wasn’t that long ago that Musk was on a stage swinging a chainsaw promising to cut the federal government. Surprise surprise that when you make the working conditions suck people leave govt employment (in addition to all the BS that is happening at DOJ) and no one wants to work there so you have to beg for applicants on X.

    1. ROBERT F NAGEL

      “One of the best ways to get lawyers into rural areas is to make it easier for people who already live in those areas to stay where they are while going to law school,” said Pritikin.

      [Ed. Note: Ah, Martin Pritikin, Dean of Purdue Global Law School. Thanks for setting me straight.]

    1. Hunting Guy

      IANAL.

      Why not? Lots of lawyers never see a courtroom so do they actually need the social interaction you get in physical classrooms? Off the top of my head the lawyers I use for water, mining, and real estate never step in a courtroom.

      As I understand it law school turns out generalist. Why not specialize while in school and online classes may be the way to go.

      It will allow access to law school and could cost less so more more people would have access.

      Having said that, I can see a need for a physical plant for some some types of law.

  3. B. McLeod

    Two different problems. DOJ, lawyers not wanting to work a job exposed to shutdowns where they also have to confront the sacred loyalty oath of obedience unto death. Rural Indiana, lawyers not wanting to limit their career to a backwater where even the county seat only has 2400 residents.

  4. Oregon Lawhobbit

    Rural Oregon, same problem. Lawyers would rather be marginally employed in Portland than well-employed here in the desert. Local city finally gave up trying to get a public defender – at 6 figures! – and shipped all of its criminal cases over to Circuit Court. Where they are routinely downgraded to violations or dismissed outright because the state does not have enough public defenders to adequately represent the seething mass.

    While there are certainly benefits to going to school in meatspace, my other half is finishing up her masters degree in Special Ed., all online. Classes are classes, after all, and what works for education should be worth at least a try in law. After all, passing the Bar Exam is the ultimate determiner of “presumption of competency,” right? Otherwise why HAVE a Bar Exam?

    Sidebar: I note that Texas seems to be working on picking up an axe and dragging the ABA out behind the barn. Maybe it’ll be next for Online Law.

  5. Scott Jacobs

    although passing the bar reflects the minimum competency expected of a lawyer

    Hell, I went to an ABA accredited law school and passed the bar, and there’s a lot of days where I’m horrified that they let me be some defendant’s attorney.

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