Addressing the Crisis in Recruiting and Retaining Civil Legal Aid Attorneys
BY COLLEEN M. ARACRI, ESQ.
The very system meant to ensure justice is facing a growing crisis, however: difficulty recruiting and retaining civil legal aid attorneys.
Access to justice is a fundamental principle of a fair society, and many Marylanders rely on civil legal aid attorneys for representation in critical matters such as housing, domestic violence, and public benefits disputes. The very system meant to ensure justice is facing a growing crisis, however: difficulty recruiting and retaining civil legal aid attorneys. While a variety of factors contribute to this problem, without systemic solutions, the justice gap will continue to widen.
The Financial Realities of Civil Legal Aid Attorneys
Civil legal aid attorneys play an essential role in advocating for society's most vulnerable populations, yet there is a significant shortage of lawyers entering and staying in this field. Many legal aid organizations struggle to fill vacancies, and those who do take on these roles often leave within a few years.
The financial reality of working as a civil legal aid attorney is one of the primary causes of
defenders and private sector attorneys. Even with 11–15 years of experience, the median salary for legal aid attorneys reaches only $86,000, far below the six-figure earnings of private sector counterparts. This disparity discourages many law graduates from pursuing careers in legal aid.
The financial strain is exacerbated by the skyrocketing cost of legal education. Currently, law school tuition averages $51,193 annually, with additional living expenses bringing the total three-year cost to over $230,163. Many law students graduate with significant debt, leading them to prioritize higher-paying positions over lower-salaried public service roles.
Adding to the financial strain is the uncertainty surrounding federal student loan forgiveness programs, such as Public Service Loan Forgiveness (PSLF). PSLF allows federal student loan borrowers to work for a nonprofit employer for 10 years and receive loan forgiveness that is not considered taxable income. For many borrowers burdened by huge amounts of student debt, PSLF feels like their only hope of achieving financial stability while working in public service. The prospect of loan forgiveness has been a lifeline for civil legal aid attorneys, enabling them to choose meaningful, albeit lower-paying, careers. Recent debates over the continuation of PSLF have left many questioning its future, however. For new attorneys already navigating modest salaries, the risk of losing student loan relief is a significant deterrent to entering or staying in public interest work.
Mental Health Challenges in Legal Aid
The financial hurdles are compounded by the profound emotional demands of civil legal aid work. Civil legal aid attorneys frequently engage with clients facing life-altering crises, including domestic violence, eviction, and systemic inequities. This exposure leads to secondary trauma, a condition where individuals absorb the emotional burdens of those they serve. Studies show that attorneys working with trauma-exposed clients report significantly higher rates of post-traumatic stress, depression, and functional impairment compared to other professions.
attrition. Civil legal aid organizations rely heavily on government grants, philanthropic donations, and competitive funding sources, which are often insufficient to offer competitive salaries. Attorneys in these roles typically earn far less than their counterparts in private practice or even in other public sector positions. According to the 2023 NALP Public Service Attorney Salary Survey, entry-level legal aid attorneys earn a median salary of $64,200— significantly lower than the median for public
MSBA’s Lawyer Assistance Program (LAP)
MSBA’s Lawyer Assistance Program (LAP) is one of the few resources specifically geared towards attorneys facing mental health challenges. This program offers resources to help attorneys manage the stress and secondary trauma inherent in their work, including LAP provides free, confidential counseling services, peer support networks, and wellness resources designed to address mental health concerns. By fostering a culture of care, LAP ensures that attorneys have the tools they need to navigate the emotional and psychological challenges of their profession. Additionally, LAP and the Access to Justice Commission partnered to bring a four-part series on secondary trauma to civil legal aid organizations February 4 to March 18, 2025. Programs like these are critical not only for the individual well-being of attorneys but also for organizational stability. When attorneys feel supported, they are more likely to remain in their roles, reducing turnover and ensuring continuity in client services.
The Need for Systemic Solutions
While initiatives like the LAP are crucial, they address only part of the problem. To recruit and retain civil legal aid attorneys effectively, broader systemic solutions are necessary. Increased funding for legal aid organizations is essential. Federal and state governments must prioritize funding that allows these organizations to offer competitive salaries, hire additional
The financial reality of working as a civil legal aid attorney is one of the primary causes of attrition. Civil legal aid organizations rely heavily on government grants, philanthropic donations, and competitive funding sources, which are often insufficient to offer competitive salaries.
The effects of secondary trauma are not limited to individual well-being. Attorneys experiencing burnout or emotional fatigue may struggle with decision-making, client interactions, and job performance, further straining already under-resourced legal aid organizations. For many attorneys, the passion that draws them to this work is gradually eroded by the relentless demands and emotional labor involved. Despite these challenges, mental health support tailored for legal professionals remains scarce.
staff to reduce caseloads, and provide necessary resources for attorneys. Public-private partnerships and innovative funding models, such as impact litigation funds, could also bolster financial support.
Protecting and expanding loan forgiveness programs like PSLF is another vital step. PSLF’s structure—offering tax-free forgiveness after 10 years of public service—has been transformative for attorneys in civil legal aid roles. Ensuring its continuation and expanding awareness about its benefits would alleviate financial burdens and make public interest careers more viable.
States can complement federal efforts by creating their own loan repayment assistance programs specifically for legal aid attorneys. These measures would provide additional financial relief for young lawyers and strengthen the pipeline of talent into the sector.
Further, addressing the mental health challenges of legal aid work requires sustained attention. The MSBA’s LAP should serve as a model for other states and organizations. Legal aid offices must integrate wellness initiatives into their workplace culture and ensure that attorneys have access to resources that address secondary trauma and burnout. Programs that support mental health not only improve individual well-being but also enhance the overall effectiveness and stability of legal aid organizations.
Technology and innovation also have a role to play in reducing barriers to justice. Tools such as online legal portals, automated document preparation, and virtual consultations can streamline processes and alleviate some of the burden on attorneys. These advancements should be leveraged to enhance efficiency without replacing the human element that is crucial to legal aid work. Additionally, systemic changes are necessary to address the root causes of the justice gap. Increasing pro bono participation among private attorneys, expanding access to legal education for underrepresented communities, reforming regulations to ensure that allied legal professionals can start meeting the demand for legal services and amending laws that disproportionately impact vulnerable populations are all essential components of a broader solution.
Access to counsel is recognized as a potent and cost-effective solution to address the imbalance and even the scales of justice, but the success of these programs depends on being able to retain and recruit attorneys to these roles. By addressing funding disparities, protecting loan forgiveness programs like PSLF, supporting mental health, and championing systemic reforms, we can ensure that these essential professionals continue to provide the access to justice that every individual deserves.
The path forward requires collaboration across the legal community, government, and society. Together, we can strive to build a more equitable system—one where civil legal aid attorneys have the resources and support they need to thrive, and where access to justice is a reality for all.
Civil legal aid attorneys frequently engage with clients facing life-altering crises, including domestic violence, eviction, and systemic inequities. This exposure leads to secondary trauma, a condition where individuals absorb the emotional burdens of those they serve.
