News Post

FROM THE ALABAMA LAWYER: Closing the Gap - The Ongoing Pursuit of Justice for All

By Hilaire Armstrong and Matthew Ward

What comes to mind when you hear the phrase “Justice for All”? What can you do to ensure that justice for all exists?

In 2025, it is hard to imagine that justice for all is still a goal that we are striving to accomplish. “A lawyer should render public interest legal service.”[1] As lawyers, we took an oath to uphold the Constitution. We stand for the Pledge of Allegiance and proclaim, for liberty and justice for all.’ As legal professionals, many of us are committed to that ideal—and yet there’s still work to be done to ensure equal access for everyone.

Alabama is the seventh-poorest state in the country.[2] This means that about 798,000 of our neighbors are experiencing poverty and dealing with a lack of resources, including access to justice. In Alabama, there is a right to counsel for criminal cases, which generally affect a person’s liberty and freedom; however, it is not the same for civil cases. When impoverished Alabama citizens are faced with civil legal needs, they often must decide whether that need is important enough to reallocate their limited resources to address it. Those who cannot afford legal counsel usually ignore these legal needs and are subjected to default judgments. Those who are brave enough to face the legal system pro se often are unsuccessful in navigating our complex legal system to address these legal needs.

This growing crisis has been termed the “justice gap”—the difference between the civil legal needs of low-income Americans and the resources available to meet them.[3] In Alabama, the justice gap can be directly correlated with poverty levels. Counties with higher poverty levels also typically have a smaller number of licensed attorneys. As a result, Alabama continues to grapple with a growing national concern: “legal deserts,” which is defined as “a county that has fewer than one lawyer for every 1,000 residents.”[4]

Looking at Alabama in terms of population, poverty percentage, and the number of licensed attorneys in each county, 24 of our 67 counties (i.e., 36%) are currently experiencing a severe justice gap that has created legal deserts.[5]

County Population Poverty

Percentage

Licensed

Attorneys

Attorney

Ratio

Autauga 60,342 11.8 93 1:649
Baldwin 253,507 12.4 687 1:369
Barbour 24,585 26.7 29 1:848
Bibb 21,868 20 21 1:1041
Blount 59,816 13.6 51 1:1173
Bullock 9,897 31.5 15 1:660
Butler 18,382 23.4 26 1:707
Calhoun 116,429 18.5 195 1:597
Chambers 34,079 21 25 1:1363
Cherokee 25,666 15.5 20 1:1283
Chilton 46,431 15.8 51 1:910
Choctaw 12,252 20.7 10 1:1225
Clarke 22,337 23.5 34 1:657
Clay 14,111 17 13 1:1085
Cleburne 15,639 15.7 11 1:1422
Coffee 55,643 15.7 89 1:625
Colbert 58,361 17.3 74 1:789
Conecuh 11,174 30.1 11 1:1016
Coosa 10,268 18.1 6 1:1711
Covington 37,952 19.2 57 1:666
Crenshaw 13,101 21.5 14 1:936
Cullman 92,016 16.2 107 1:860
Dale 49,871 20.5 38 1:1312
Dallas 36,165 32.9 68 1:532
DeKalb 72,569 18.7 68 1:1067
Elmore 90,441 11.7 129 1:701
Escambia 36,558 20.9 54 1:677
Etowah 103,241 17.7 169 1:611
Fayette 15,967 19.5 16 1:998
Franklin 31,802 18.5 24 1:1325
Geneva 26,988 18.6 21 1:1285
Greene 7,341 30 5 1:1468
Hale 14,888 22.9 10 1:1489
Henry 17,899 15.8 19 1:942
Houston 108,462 17.2 242 1:448
Jackson 53,467 16.1 48 1:1114
Jefferson 662,895 16.4 5634 1:118
Lamar 13,661 18.1 7 1:1952
Lauderdale 96,814 13.3 209 1:463
Lawrence 33,502 16.4 33 1:1015
Lee 183,215 15 305 1:601
Limestone 114,654 9.9 89 1:1288
Lowndes 9,717 29.4 10 1:971
Macon 18,370 32.4 28 1:656
Madison 412,600 11.3 1104 1:374
Marengo 18,684 19.5 27 1:692
Marion 29,244 17.6 38 1:770
Marshall 100,756 16.5 133 1:758
Mobile 411,640 19.2 1255 1:328
Monroe 19,229 20.7 25 1:769
Montgomery 224,980 18.4 1509 1:149
Morgan 125,133 13.1 167 1:749
Perry 7,738 35.9 7 1:1105
Pickens 18,688 23.9 22 1:849
Pike 33,137 27.4 47 1:705
Randolph 22,786 20.3 15 1:1519
Russell 58,744 22.3 54 1:1088
St. Clair 95,552 12.6 106 1:901
Shelby 233,000 6.8 773 1:301
Sumter 11,727 31.1 14 1:838
Talladega 81,132 18.3 91 1:892
Tallapoosa 40,677 17.6 65 1:626
Tuscaloosa 237,373 17 577 1:411
Walker 64,728 16.7 119 1:544
Washington 15,022 16.7 15 1:1001
Wilcox 9,944 29.7 14 1:710
Winston 23,611 18.3 23 1:1027

Indicates legal desert.

There are approximately 19,717 attorneys licensed to practice in Alabama, but only 15,264 of them live in Alabama.[6] Out of Alabama’s 67 counties, 54% of them have fewer than 50 licensed attorneys, 28% of them have fewer than 20 licensed attorneys, and 10% of them have fewer than 10 licensed attorneys. However, when we look closely at the number of licensed attorneys available to assist with closing the justice gap for civil legal needs, these numbers are much smaller. The true number is hard to determine because the number of licensed attorneys includes state and federal judges, attorneys general, prosecutors, and public defenders as well as attorneys who practice in a county in which they do not reside. Moreover, several counties are at risk of reduced access to justice because licensed attorneys are retiring or passing away at a faster rate than new attorneys are being licensed.

As we continue to see the justice gap expand, organizations providing civil legal assistance are working overtime to help close that gap. While Alabama has several community partners that provide civil legal assistance for county-specific services or to specific limited groups, Alabama’s five Volunteer Lawyer Programs (“VLP”)—the Alabama State Bar VLP, Madison County VLP, Montgomery VLP, South Alabama VLP, and Volunteer Lawyers Birmingham—and Legal Services Alabama (“LSA”) are the only organizations that provide statewide civil legal assistance pro bono. While, admittedly, many attorneys provide civil legal assistance pro bono through their firms, the VLPs were established to not only provide impoverished Alabama citizens with a centralized place to seek civil legal assistance but also provide attorneys with an efficient and organized system to complete and track pro bono services.

Collectively, these organizations provide civil legal assistance pro bono to our less-fortunate neighbors from all 67 Alabama counties, who usually contact them as a last resort, and often share resources to ensure that Alabama’s legal needs are addressed. While LSA has full-time attorneys and staff in its eight local offices across the state to provide civil legal assistance,[7] the VLPs largely are left to recruit and train volunteer attorneys to address these civil legal needs. Unfortunately, of the 15,264 licensed attorneys practicing law in Alabama, only about 25% of them actively volunteer with the VLPs.[8] To make matters worse, the VLPs are also experiencing a decline in the number of volunteer attorneys willing to accept more complicated cases or require extended representation. Consequently, the VLPs simply do not have enough volunteer attorneys to address the overwhelming need of our neighbors. For example, the Alabama State Bar VLP provides civil legal assistance pro bono in 60 Alabama counties (most of which are rural counties with high levels of poverty) that include a population of 3,105,487 people but only 4,827 licensed attorneys.[9] Only 40% of them actively volunteer with the Alabama State Bar VLP, which leaves 1,942 attorneys to provide civil legal assistance pro bono to over three million people—the third largest legal desert in Alabama, with a 1:1599 ratio. The Alabama State Bar VLP receives over 5,000 client calls each year requesting legal assistance. Unfortunately, due to limited funding, staff, and volunteers, it cannot address the needs of every client seeking help. If the VLPs cannot provide a volunteer attorney to assist our neighbors, then they oftentimes have nowhere else to turn and either face their legal needs alone or ignore them altogether.

The combination of the modicum of volunteer attorneys, the increasing legal needs, and the declining number of attorneys in rural counties is continually making pro bono work more important.

However, you can make a difference by getting involved with the VLPs. Each VLP provides pro bono civil legal assistance in specific counties: Madison County VLP in Huntsville covers Madison County; Montgomery VLP covers Montgomery County; South Alabama VLP in Mobile covers Mobile, Baldwin, Washington, and Clarke Counties; Volunteer Lawyers Birmingham covers Jefferson County; and the Alabama State Bar VLP covers the remaining sixty counties. Imagine the difference that each one of us could make if we provided civil legal assistance pro bono to one neighbor or volunteered to provide legal advice pro bono at one clinic—‍over 15,000 of our neighbors would receive critical civil legal assistance each year.

The VLPs have an abundance of volunteer opportunities for everyone.

Alabama State Bar VLP– Volunteer attorneys can provide legal advice on civil legal needs (e.g., divorces, probate proceedings, evictions, foreclosures, bankruptcies, etc.) either at regularly scheduled counsel-and-advice clinics or through answering questions submitted online. The Alabama State Bar VLP hosts a virtual counsel-and-advice clinic every second Monday of each month from 2 to 4 p.m. through Zoom;[10] an in-person counsel-and-advice clinic in Selma every first Wednesday of each month from 1 to 3 p.m.;[11] and an in-person counsel-and-advice clinic in Tuscaloosa every third Thursday of each month from 3 to 5 p.m.[12] Alternatively, the Alabama State Bar VLP also assists in managing the virtual legal help center via alabama.freelegalanswers.org, which provides volunteer attorneys with the opportunity to not only flexibly answer questions remotely at any time and from any place but also diversify their experience by tackling a variety of legal needs.[13] Additionally, the Alabama State Bar VLP hosts specialty clinics (e.g., Wills for Heroes, Senior Wills, Expungement, etc.) where volunteer attorneys prepare documents for clients. At the Wills for Heroes and Senior Wills clinics, the Alabama State Bar VLP provides volunteer attorneys with specialized software to prepare a will, power of attorney, and advanced healthcare directive for first responders and senior citizens. At the Expungement Clinic, volunteer attorneys prepare expungement petitions for clients for them to file with the appropriate courts.

Montgomery VLP- They host in-person counsel-and-advice clinics at two locations: Flatline Church at Chisholm every first and third Tuesday of each month from 3 to 5 p.m., and Strong Tower at Washington Park every second Thursday of each month from 3 to 5 p.m. The Montgomery VLP also organizes the “Lawyer 4 A Day” program, which is the only program in the nation that ensures access to justice for all unrepresented individuals in every district and circuit court in the Fifteenth Judicial Circuit.

South Alabama VLP (SAVLP)- The SAVLP organizes volunteer opportunities at the Mobile County Courthouse every second Thursday of each month from 1 to 3 p.m., and at the Prodisee Pantry in Baldwin County every third Thursday of each month from 1 to 3 p.m.

Madison County VLP– They offer standing counsel-and-advice clinics—the library clinic every third Thursday of each month, the DAV clinic every fourth Thursday of each month, and the Family Law Clinic on the last Friday of each month—in addition to quarterly clinics, like the Heart for the Homeless Clinic and the Expungement Clinic.

Volunteer Lawyers Birmingham (VLB)- The VLB provides several volunteer opportunities, including a Remote Civil Help Desk every second and fourth Tuesday and Thursday of each month, a Domestic Relations Clinic every first and third Wednesday of each month, and a Wills Clinic and an Expungement Clinic, which are typically held monthly or bimonthly. Volunteer Lawyers Birmingham also hosts a new “Ask an Attorney” project at the Birmingham Public Library, which provides walk-in consultations for clients, offering yet another way for attorneys to help.

Volunteers can sign up for these programs through the respective VLP websites and platforms.

Although “personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer,”[14] providing civil legal assistance pro bono through the VLP can also be self-rewarding. The Alabama State Bar VLP will match volunteer attorneys looking to expand their practice area with an experienced attorney mentor to help navigate the new areas of law (and will provide any necessary coverage under its malpractice insurance). Perhaps most importantly, volunteer attorneys providing civil legal assistance pro bono will also qualify to earn 25% of their annual mandatory CLE credits.

In 2018, the Alabama State Bar adopted Regulation 3.9 of Rule 3 of the Rules for Mandatory Continuing Legal Education—the “CLE 1-6-3 Program.”[15] The “CLE 1-6-3 Program” awards attorneys who are licensed to practice in Alabama with one (1) hour of CLE credit for every six (6) hours spent providing civil legal assistance pro bono through an Approved Pro Bono Provider, for a maximum of three (3) CLE credits in a 12-month period that runs from October 1 through September 30.[16]

The “CLE 1-6-3 Program” only requires volunteer attorneys to certify that they provided civil legal assistance pro bono through an Approved Pro Bono Provider. Volunteer attorneys can provide qualifying civil legal assistance pro bono either at events hosted by an Approved Pro Bono Provider or through direct case referrals from any Approved Pro Bono Provider. Volunteer attorneys can also contact any Approved Pro Bono Provider to screen and approve any low-income clients who seek civil legal assistance directly from that volunteer attorney. As such, volunteer attorneys can earn CLE credit hours for providing civil legal assistance pro bono even in cases that volunteer attorneys accept on their own.

Volunteer attorneys providing civil legal assistance pro bono can start earning CLE credits by contacting one of the following Approved Pro Bono Providers in Alabama:

  • Alabama State Bar Volunteer Lawyers Program (888) 857-8571
  • Madison County Volunteer Lawyers Program (256) 539-2275
  • Montgomery Volunteer Lawyers Program (334) 265-0222
  • South Alabama Volunteer Lawyers Program (251) 438-1102
  • Volunteer Lawyers Birmingham (205) 250-5198

The VLPs make it easy for you to help low-income clients.

The Alabama State Bar Pro Bono Committee is also committed to exploring ways our legal community can assist low-income Alabamians as well as assessing attorneys’ interest in providing pro bono legal services. Would you help us by completing a survey? The survey only takes a few minutes, but it will help us develop and improve the delivery of pro bono legal services throughout the state. The survey may be found at https://www.surveymonkey.com/r/8P3J6MP.

Together, building on past progress, we can continue expanding access to justice for those with limited resources!

[1] Ala. R. Prof’l Conduct 6.1.

[2] Alabama Possible, Barriers to Prosperity Data Sheet 2024, at [1] (2024), https://alabamapossible.org/wp-content/uploads/2024/09/AP_PovertyFactSheet_2024_Web.pdf.

[3] Legal Servs. Corp., The Justice Gap: The Unmet Civil Legal Needs of Low-Income Americans (2022), https://justicegap.lsc.gov/the-report/.

[4] Am. Bar Ass’n, Preventing Legal Deserts in Our Rural Communities, ABA Litig. News (Fall 2023), https://www.americanbar.org/groups/litigation/resources/newsletters/childrens-rights/fall2023-preventing-legal-deserts-in-our-rural-communities/.

[5] Alabama Possible, Barriers to Prosperity Data Sheet 2024, at [1] (2024), https://alabamapossible.org/wp-content/uploads/2024/09/AP_PovertyFactSheet_2024_Web.pdf.

[6] These numbers were provided from the Alabama State Bar Membership Department.

[7] Legal Servs. Alabama, Our Team, https://legalservicesalabama.org/team-members/ (last visited Feb. 14, 2025).

[8] These numbers were calculated using the membership numbers from the Alabama State Bar and the number of enrolled volunteers at the VLPs.

[9] See chart.

[10] You can sign up online to volunteer at https://AlabamaStateBarVLP.as.me/VirtualClinic.

[11] You can sign up to volunteer at https://AlabamaStateBarVLP.as.me/SelmaClinic.

[12] You can sign up to volunteer at https://AlabamaStateBarVLP.as.me/TuscaloosaClinic.

[13] You can sign up to volunteer https://alabama.freelegalanswers.org/Attorneys/Account/Agreement.

[14] Ala. R. Prof’l Conduct 6.1. cmts.

[15] Ala. State Bar R. Mand. Cont’g Legal Educ. 3, Reg. 3.9.

[16] Ala. State Bar R. Mand. Cont’g Legal Educ. 3, Reg. 3.9.