National lawyer shortage is causing increased pressure on the state’s law firms, public defenders
and the justice system, as growing legal demands outpace the state’s supply of attorneys
Bailey Chism
The City Journals
Utah is currently experiencing a significant lawyer shortage that is impacting law firms across the state, exacerbating an already strained legal system. This shortage is particularly severe in Salt Lake County, where District Attorney Sim Gill has struggled to fill over two dozen lawyer vacancies. The issue is not isolated to public-sector offices but extends to private law firms of all sizes, which are finding it increasingly difficult to attract and retain legal talent.
Contributing Factors to the Shortage
Several factors contribute to Utah’s lawyer shortage. First, Utah’s population has grown rapidly in recent years, particularly in Salt Lake City and surrounding areas. This growth has increased demand for legal services in areas such as real estate, family law and business litigation, but the supply of qualified attorneys has not kept pace. Despite the presence of two law schools — the University of Utah’s S.J. Quinney College of Law and Brigham Young University’s J. Reuben Clark Law School — many graduates leave Utah for larger markets like California and New York, where salaries are higher.
According to the American Bar Association Journal, another significant factor is the “Great Resignation” that has affected various industries across the U.S., including the legal sector. Many lawyers have chosen to retire early or transition to in-house roles, which offer more predictable hours and work-life balance. For Utah, this has meant fewer experienced attorneys available for courtrooms and law firms .
The ABA Journal states the increasing costs of living, especially housing in Utah’s urban centers, have made it difficult for new lawyers to afford staying in the state unless they secure highly lucrative positions. This is particularly burdensome for public defenders and attorneys working for smaller firms, who cannot offer competitive salaries to match the larger firms or corporations.
Impact on Firms and Legal Services
The shortage has placed enormous pressure on law firms, especially small to midsize firms that rely heavily on local talent. Many firms are finding it difficult to maintain their caseloads, and some have had to turn clients away or refer them to out-of-state counsel. Larger firms have managed better by tapping into national networks or hiring attorneys to work remotely, but even these firms are facing challenges as they compete for the same limited pool of legal talent.
For small and mid-sized firms, the talent shortage also means higher operating costs. The demand for lawyers has driven salaries up, forcing firms to offer more competitive compensation packages. This squeeze on resources is particularly difficult for firms that operate on thinner profit margins. As a result, clients are seeing higher legal fees as firms pass on these costs.
According to the ABA Journal, the shortage is also affecting access to justice. In rural parts of Utah, finding a lawyer has become even more challenging, and some counties have very few, if any, full-time lawyers. This makes it harder for residents to access legal services for family law issues, criminal defense, or business matters. Public defenders are especially strained; many are dealing with overwhelming case-loads that limit the amount of time they can devote to individual clients, raising concerns about the quality of legal representation in the state.
Public Sector Struggles
The shortage of lawyers is perhaps most acutely felt in Utah’s public sector, particularly in district attorney offices. In Salt Lake County, Gill has repeatedly raised alarms about how the lack of lawyers is impairing the justice system. His office has struggled to fill vacancies due to noncompetitive salaries compared to private-sector opportunities. He was recently able to solve this problem by asking the Salt Lake County Council for $300,000 to raise salaries.
“Because of salary raises, thanks to the Salt Lake County Council, we have been able to fill the openings at the Salt Lake County District Attorney’s Office,” said Gill.
Prosecutors are not the only ones affected, though; public defenders in Utah face similar challenges, as their caseloads continue to grow. A recent study found that Utah’s public defenders carry some of the highest caseloads in the country, a situation that leads to rushed cases and delayed court proceedings. This puts a strain on the entire judicial system, as delayed court proceedings increase the backlog of cases, prolonging justice for all involved parties.
Law School Graduates
Utah’s two law schools consistently produce graduates, many of whom have strong ties to the state. While Utah offers an excellent quality of life, the salary gap between Utah and larger legal markets like California or New York can be hard to overlook.
“The fact that the graduating classes of 2022 and 2023 have been high-watermark years in terms of national employment may suggest that a lawyer shortage has been advantageous for these recent law school graduates in creating demand/jobs for them,” said Shannon Grandy Larsen, BYU Law’s assistant dean for career development.
Some Utah firms have responded by offering signing bonuses, flexible work arrangements and faster career advancement opportunities.
“The lawyer shortage hasn’t affected large and medium-sized law firms in Utah very much,” Larsen said. “I still see more of our students willing and wanting to work for those firms that are getting jobs there. Utah has two strong law schools in the state that send out enough graduates each year to satisfy the demand from Utah’s large and mid-size firms.”
Larsen said the lawyer shortage is more national in scope. It has affected lateral hiring more than entry-level hiring, has affected the public sector more than the private sector and has potentially affected small firms more than large firms.
“Even though I don’t perceive a lawyer shortage at play, there are certainly so-called ‘talent wars’ among Utah firms to compete for the strongest candidates,” Larsen said.
Future Solutions
Several efforts are underway to mitigate the effects of the lawyer shortage in Utah. One promising development is Utah’s regulatory reforms, which allow non-lawyers to provide certain legal services. By permitting paraprofessionals to assist with less complex legal matters like divorce, child custody and small claims, the state hopes to alleviate some of the pressure on overburdened lawyers.
The ABA Journal states some firms are exploring technology solutions, such as legal software and artificial intelligence, to automate routine tasks and reduce the workload on their attorneys. However, these solutions are still in the early stages of adoption and are unlikely to solve the shortage in the short term.
Moreover, there is ongoing discussion about how to make the legal profession more appealing to Utah’s law graduates. This includes addressing the wage gap, promoting work-life balance, and creating mentorship programs that can help retain younger lawyers.
“For many law students and attorneys, Utah has its own appeal — mountains [and] outdoor adventure, family ties — that, together with historically lower cost of living, counters higher-paying jobs in other states,” Larsen said. “That said, Salt Lake firms have increased their starting salary over the past few years. However, I see that not as a result of a lawyer shortage, but instead due to several national/international firms with higher salaries opening offices in Salt Lake. Previously, the highest starting salaries in the industry weren’t available in the Salt Lake market, but now that they are, Salt Lake firms have increased their pay to stay competitive within their own market.”
Public service loan forgiveness programs are also seen as a potential tool to attract attorneys to public defender and district attorney roles, according to the ABA Journal.
The lawyer shortage is a multifaceted issue affecting both private firms and public-sector offices. While the state’s growing population increases the demand for legal services, the limited supply of lawyers creates a significant bottleneck in the justice system. Without sustained efforts to address compensation disparities, improve work conditions and explore new models for delivering legal services, the shortage is likely to persist, with far-reaching consequences for Utah’s legal landscape.