Tomisich: Learning the Rural Practice of Law

In Learning the Rural Practice of Law, Ashli R. Tomisich (Wyoming Law) critiques the typical law school curriculum for what she diagnoses as a lack of experiential learning and analyzes how this deficiency contributes to students being unprepared to enter rural legal practice.

Tomisich identifies the growing shortage of rural attorneys, noting that only 12% of rural attorneys currently practicing in Wyoming are between the ages of 25 and 35. This dire need for rural attorneys, Tomisich argues, is exacerbated by a lack of experiential learning during law school. Experiential learning includes practical training. Tomisich asserts that, without practical experiences, students entering the workforce are less prepared to handle clients, professionalism and ethics, and the business of running a law firm. Without these practical skills, young lawyers require significant mentorship upon graduation. As older attorneys in rural communities continue to retire, young lawyers are reluctant to enter solo practice without mentorship or practical training.

The article considers the history of the law school curriculum, including its academic approach and use of the Socratic method. The author points out that, before the ABA recently implemented experiential learning requirements, less than 1% of total credits required to graduate were experiential, a stark difference from other professional school curricula. Next, the article addresses how experiential learning can assist law students preparing to enter rural practice. Experiential learning prepares students to immediately enter practice with billing skills and business knowledge. This is especially important for rural practitioners, Tomisich argues, due to the lack of training resources and mentorship in rural practices, which are often solo practices. Tomisich also recognizes some of the critiques of increased experiential learning. These critiques include the high cost of the time and resources required to provide law students with experiential learning as well as fear of falling bar passage rates.

Nonetheless, Tomisich argues for increased access to experiential learning opportunities, especially for students looking to enter rural practice. The author further emphasizes that better prepared attorneys are necessary to increase access to justice in rural communities where the number of attorneys continues to dwindle.