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Research Report: Recruitment and retention of lawyers in RRR NSW: Summary Report (Justice Issues Paper 13)
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Recruitment and retention of lawyers in regional, rural and remote New South Wales: Summary Report (Justice Issues Paper 13)  Cite this report

, 2010, 16p.
The problems associated with the recruitment and retention of solicitors in regional, rural and remote NSW are more nuanced than the broad `city` versus `country` divide commonly advocated. A census conducted by the Law and Justice Foundation of NSW of all private solicitors and public legal assistance solicitor positions in NSW indicated that problems in recruiting and retaining solicitors for publicly funded legal assistance work in RRR NSW were typically location specific and often position specific. The implication of this finding is that `blanket` solutions that treat regional, rural and remote areas as a homogenous entity are unlikely to succeed. This study has indicated that the more remote the area, the higher the likelihood of recruitment and retention problems. Solicitors working in remote and very remote areas of NSW not only deal with extremely testing physical environments but also the smallest number of solicitors to residents, a highly disadvantaged client base and a general lack of professional support and office infrastructure. The poor salary packages for solicitors employed by the public legal assistance services operating in these areas further increases the likelihood of attracting only relatively inexperienced solicitors and keeping them for relatively short periods of time.


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Background


Over recent years, there has been growing concern about the shortage of lawyers working in regional, rural and remote (RRR) areas throughout Australia (Law and Justice Foundation of NSW, 2003; Senate Legal and Constitutional References Committee, 2004; National Pro Bono Resource Centre, 2006; TNS Social Research, 2006; Legal Aid NSW, 2008; Law Council of Australia, 2009a). Public legal services for disadvantaged people in NSW have also reported difficulties in recruiting and retaining solicitors in RRR areas (Mundy, 2008). Difficulties are also reported in attracting sufficient private solicitors to undertake legal aid work (Legal Aid NSW, 2008).

Within a broader context of the social and economic decline experienced by rural Australia, the populations of many RRR areas have been decreasing for decades (HREOC, 1999; Cocklin and Dibden, 2004; Roberts, 2004). Mirroring this general decline, many country areas have lost doctors, dentists, teachers, lawyers and other professionals (Miles, Marshall, Rolfe and Noonan, 2004; Roberts, 2004; NSW Legislative Council, Standing Committee on State Development, 2006).

To-date, a limitation of much of the previous research into the availability of lawyers in RRR areas has been the tendency to focus on differences between country and city areas, with country areas treated as a homogenous whole (e.g. TNS Social Research, 2006; Law Council of Australia, 2009b). There has been at least some evidence, however, to suggest that recruitment and retention problems are more nuanced and vary from region to region and that there has not been a net loss of solicitors in RRR areas (Forell, Cain and Gray, 2010 pp. 10–12)1. The present research was undertaken to obtain more comprehensive, location-specific information on the recruitment and retention of lawyers in RRR NSW.

This study was undertaken by the Foundation on behalf of the NSW Legal Assistance Forum RRR Working Group and was funded in large part by the Australian Government Attorney-General’s Department Social Inclusion Division.



The full report published by the Law and Justice Foundation of NSW is Forell, S., Cain, M., and Gray, A. (2010), Recruitment and retention of lawyers in regional, rural and remote New South Wales <http://www.lawfoundation.net.au/publications>.

 The full report published by the Law and Justice Foundation of NSW is Forell, S., Cain, M., and Gray, A. (2010), Recruitment and retention of lawyers in regional, rural and remote New South Wales <http://www.lawfoundation.net.au/publications>.


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Cain, M & Forell, S 2010, Recruitment and retention of lawyers in regional, rural and remote New South Wales: summary report. Justice Issues Paper 13, Law and Justice Foundation of NSW, Sydney