Montana Lawyer February/March 2025

Task Force Continues Examining Changing Profession; Shares Preliminary Survey Data

The State Bar’s Task Force on the Future of the Legal Profession continues to exam ine the changing landscape of the legal pro fession in Montana as it aims to complete its work this summer. The Task Force, chaired by State Bar Past President J. Stuart Segrest and Hon. Yvonne Laird, has focused its work in two primary areas: legal education and admis sion to the bar and the delivery of legal services, including access to justice in rural Montana. The Task Force recently conducted a survey of the State Bar membership. “Understanding the views of the bar mem bers on these important issues has been a critical part of our work,” said Segrest. Seven hundred eighty-nine active and judi cial members completed the survey. Among the survey's key findings, 72% said that addressing access to justice gaps is “critical and urgent,” and 73% believe that low income is the most significant barrier to accessing legal services in Montana. Clair Lettow, State Bar Trustee rep resenting Area D, chairs the Task Force subcommittee examining access to justice issues and says that finding is unsurprising. “The sense of our subcommittee, namely that we are reaching a real serious problem in parts of Montana in terms of affordabil ity, was born out in the members' views,” Lettow said. The survey revealed that 63% of respon dents, which included in-state and out-of state active members, were charging over $251 per hour, with 22% charging over $351 per hour. Only 16% of respondents had a primary office or place of employ ment outside Montana. Respondents differed on the best ap proach to address the pressing access to jus tice problem, with 51% agreeing low-cost

legal services and increasing the number of lawyers offering services at reduced rates would help. To improve access in rural areas, 42% agreed that increasing the num ber of legal professionals in rural Montana would be an effective strategy, and 62% per cent felt that providing loan forgiveness for new lawyers to work in rural areas would effectively increase the number of lawyers serving those parts of the state. There was also broad agreement among members responding to the survey that, when training new lawyers, graduation from a law school accredited by American Bar Association was important. Eighty per cent of respondents felt that the current re quirement should be maintained, with 9% believing graduates of non-ABA-accredited law schools should be allowed to sit for the Montana bar exam. In response to that result, Greg Murphy, chair of the subcommittee examining the changing national landscape in legal educa tion and bar admission, commented: “Few in the bar or the judiciary are likely very familiar with the accreditation standards or how they operate in practice. So, what will we take from the response to this survey inquiry? While it may be hazardous to read too much into one data point, I offer the following two possible ‘take aways’: (1) The great majority of the bar and the judiciary in Montana approve of the proposition that law schools should meet defined minimum standards relating to professional formation and be account able to a responsible third-party dedicated to maintaining and approving the quality of legal education; and, (2) Most in the profes sion look back on the law school experi ence with appreciation for the experience of intensely studying law in the company of dedicated faculty and fellow travelers, the stresses and anxieties of the law school

experience notwithstanding." Murphy is a former chair of the Council of the Section of Legal Education and Admission to the Bar of the ABA, as well as the Montana Board of Bar Examiners and the National Conference of Bar Examiners. The survey also asked participants to as sess the areas where new and young lawyers were least prepared. Respondents reported that the ability to see the “big picture” and cope with the stress of legal practice were the top areas where there was the least preparation. Mike Larson, who directs the State Bar’s Lawyer Assistance Program, said, “The transition from law school into the practice of law takes a toll on many new lawyers.” Larson said that while law schools have done much to improve preparation, including working with lawyer assistance programs, more can be done. “I hope more new lawyers will start to recognize that LAP can be there not only to address substance use and addiction but also help them deal with the day-to-day stress of being a lawyer.” On the skill side, 56% of respondents reported that knowledge of the economics of law practice and marketing skills were their most serious concern about new and young lawyers. Segrest said the next steps for the Task Force will be to share the full survey results and the work of the Task Force to date, and then he hopes to hold listening sessions with bar members across the state. “As we move into the second phase of our work, we want to continue to hear from members about the issues they see, and I am hoping we will also be able to meet with members of the bar,” Segrest said. Members should check the State Bar website for updates from the Task Force in the coming weeks.

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