Many Virginians don’t have access to an attorney: VSB report

Many Virginians don’t have access to an attorney: VSB report

RICHMOND, Va. (WRIC) -- 1 in 4 Virginians do not have ready access to an attorney because of where they live, according to a new report on widespread "legal deserts" in the Commonwealth.

In mid-December, the Virginia State Bar (VSB) published "Report on the Entry, Growth and Distribution of Virginia Attorneys (EGAD-VA)," a 170-page report that sheds light on how inaccessible legal services are to many Virginians, particularly in rural communities. According to the VSB, ensuring that all Virginians have meaningful access to legal services is a "critical issue."

"The EGAD-VA report is more than a study — it is a call to action," the VSB said.

More than 40% of Virginia's households already have a hard time accessing an attorney even before factoring in geographic barriers due to the rising costs of legal services, per the VSB.

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"There is a large volume of unrepresented litigants appearing in Virginia courts, particularly in
Virginia’s district courts, on cases impacting the family, housing and economic stability of
Virginians and the safety of domestic violence survivors," the report reads.

The VSB found that 44% of Virginia localities are considered "legal deserts" -- which means they have less than one active attorney per 1,000 residents. These localities are home to just over 1 in 4 Virginians.

Virginia legal deserts, as outlined in a report from Virginia State Bar. (Photo: Virginia State Bar)

Ten Central Virginia counties are among the state's legal deserts, including:

  • King and Queen County -- 1 active VSB attorney serving 6,573 residents
  • Greensville County -- 3 active VSB attorneys serving 11,285 residents
  • Dinwiddie County -- 12 active VSB attorneys serving 28,140 residents
  • Prince George County -- 19 active VSB attorneys serving 43,717 residents
  • Sussex County -- 5 active VSB attorneys serving 10,612 residents
  • Amelia County -- 10 active VSB attorneys serving 13,428 residents
  • King William County -- 14 active VSB attorneys serving 18,564 residents
  • Lunenburg County -- 9 active VSB attorneys serving 11,762 residents
  • Richmond County -- 7 active VSB attorneys serving 9,027 residents
  • Mecklenburg County -- 25 active VSB attorneys serving 30,096 residents

Legal accessibility in Virginia's 6th judicial circuit -- which is almost entirely located in Central Virginia -- is one of several that is particularly in decline, with its attorney population falling by nearly 30% between 2000 and 2020. This circuit includes Brunswick, Greensville, Prince George, Sussex and Surry counties, as well as the cities of Emporia and Hopewell.

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The VSB also determined which Virginia localities have the greatest combined risk of access to legal services by measuring their various "inaccessibility indicators" -- including low attorney populations, long drives to courthouses, poverty, limited English proficiency, a lack of Internet access and a lack of broadband service.

Multiple Central Virginia localities made the list, including the cities of Richmond, Colonial Heights, Petersburg and Hopewell, as well as Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Henrico, Louisa, Lunenburg and Mecklenburg counties.

While some of these localities may not be legal deserts, their residents still face many challenges when it comes to accessing legal services, per the VSB.

Why are so few attorneys choosing Virginia?

Many factors contribute to Virginia's widespread lack of legal services, according to the VSB. Economic and legal market factors play a large role, as they influence where new attorneys choose to practice.

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On the whole, due to the rising costs of law school tuition, new attorneys would rather choose "'Big Law' legal markets" to work in -- which Virginia is not -- to help them pay off their related student debt, the VSB said.

There is a noted shortage of new attorneys, with researchers discovering a "sharp decline" in Virginia Bar Exam participation and VSB admissions. Between 2012 and 2024, exam participation fell by 46%, while new VSB admissions dropped by 57%. The latter statistic is more than 7.5 times the national average.

"Virginia law students cite lack of portability, examination difficulty and a burdensome
application process as deterrents to taking the Virginia Bar Exam," the report reads. "Virginia law school deans view the Virginia Bar Exam as outdated, inflexible and unnecessarily complex, with some reporting not encouraging or discouraging students to take the Virginia Bar Exam."

The report goes on to say that Virginia's decision not to adopt the Uniform Bar Exam (UBE) -- which "offers more score portability, access to multiple legal markets and broader employment opportunities for law school graduates" -- is a major factor in the state's declining exam participation.

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"Many UBE jurisdictions also offer higher starting salaries, an abundance of job options and
more opportunities to specialize -- factors that law students indicated as most important in
deciding where they take the bar examination or otherwise seek admission," the report reads.

Fewer new attorneys entering Virginia's workforce means its existing attorney population is aging. Per the VSB, less than 26% of the Commonwealth's attorneys are under 40 years old.

About 31% of Central Virginia's attorney population is under 40, putting it just above the statewide curve.

The limited number of attorneys in their 20s and 30s that do choose to practice in Virginia are largely practicing in urban areas, the VSB said. Meanwhile, attorneys practicing in rural areas are more likely to be 60 years old or older.

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"Incentives such as loan forgiveness, competitive salaries and professional mentorship could
be crucial in attracting young and new attorneys to rural areas," the report reads.

If you'd like to read the full report, you can do so here.