Public Student Loan Forgiveness (PSLF)

The American Bar Association estimates that new lawyers have an average debt of more than $100,000. Unfortunately, this debt load may discourage attorneys from accepting employment at a non-profit or government organization, which traditionally pays less than private practice.

Public Student Loan Forgiveness (PSLF) allows attorneys and paralegals working for a government organization, a tax-exempt organization, or other non-profit such as a civil legal aid program like East River Legal Services to seek loan forgiveness. PSLF requires that borrowers work for a qualifying agency while they make 120 payments on their federal student loans. After 120 qualifying payments, borrowers can apply to receive forgiveness of the remaining balance of their federal loans.

The PSLF program had several hitches at the beginning. Borrowers reported issues with loan servicing, confusion about what constituted a “qualifying payment,” and concerns that forgiven debt would have serious income tax liabilities. Thankfully, many of these issues have been corrected in recent years and PSLF applicants report greater success in receiving forgiveness. A temporary and expanded PSLF forgiveness review has given relief to thousands of borrowers. Borrowers eligible for PSLF are encouraged to apply for review of their loans under the current PSLF guidelines.  More information about student loan forgiveness can be found on the DOE website:  https://studentaid.gov/manage-loans/forgiveness-cancellation

The purpose of PSLF is to encourage professionals with student loan debt to consider work that supports their communities. PSLF lessens the impact of student loan debt when making a career choice, which is meant to enrich the staff of public service employers and ensure that quality professional services are available for vulnerable members of our communities.

East River Legal Services (ERLS) is an LSC-funded civil legal services program in Eastern South Dakota. ERLS advocates represent low-income residents of Eastern South Dakota, focusing on representing and advising clients in domestic violence and housing. ERLS provides legal information, advice, and direct representation to clients who would otherwise be unable to afford legal counsel. ERLS encourages staff to participate in loan forgiveness.

ERLS is currently hiring for the position of staff attorney. If you are an attorney who would like to work for ERLS, we can assure you that we are a PSLF qualifying employer, and we will assist with an employer certification when requested. Additionally, if you are an out of state attorney wondering whether licensing would be a barrier to working in South Dakota, ERLS can assist you with the process to waive into the South Dakota Bar. SD Bar Waiver

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Our office is currently seeking to hire highly motivated attorneys interested in working with low-income individuals and provide them with equal access to Justice. We strive in our office to work as a team and fulfill the needs of our clients.

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South Dakota Bar Association Admission Without Examination

South Dakota offers several ways for attorneys to obtain admittance into the state bar to practice law. As an out of state attorney (Nebraska), I was relieved to see that South Dakota offers reciprocity, meaning that because I am licensed in Nebraska, I can apply to be a member of the South Dakota Bar Association. SD Codified L § 16-16-12.1 (2021). Additionally, because I am employed by East River Legal Services, I can apply for a conditional license to practice law while my reciprocity application is being processed. SD Codified L § 16-16-17.1 (2021). Out of state license applicants have significant documentation required including a background check, proof of graduation from a law school, certification of admission to practice in the other state, disciplinary checks, a copy of the rule that allows South Dakota attorneys to waive into the other state, and my favorite requirement, a copy of the applicant’s law school application. SD Codified L § 16-16-12.2 (2021). I’ve found the document collection easier than I expected. As I made calls to request documents, I was assured that staff works on these kinds of requests all the time.

I’ve been an attorney in Nebraska for twenty-five years. I thought practicing law in another state would be difficult to figure out or would require that I sit for the Bar Examination again (something that I was not interested in doing!). When I saw the job posting for the position of Executive Director at East River Legal Services in Sioux Falls, the job was exactly what I was looking for, but I worried about the requirement that I needed to be licensed to practice law in the State of South Dakota. I was pleased to see that I had the option to waive into South Dakota based on my license in Nebraska and my job at East River Legal Services. I’m excited to be in Sioux Falls at a satisfying and challenging position for an organization I have quickly come to care about very much. East River Legal Services believes that being poor or at risk does not make you less, that equal access to our courts is an essential part of justice, and equal justice is a universal right. Sounds like a good place to work, right?

East River Legal Services is currently seeking to hire highly motivated attorneys interested in working with low-income individuals to provide them equal access to justice. We strive in our office to work as a team and fulfill the needs of our clients. If you are an attorney from a state that offers reciprocity to South Dakota attorneys, consider applying to work with our legal team. We’ll help you with the license application process!

Apply Online

Our office is currently seeking to hire highly motivated attorneys interested in working with low-income individuals and provide them with equal access to Justice. We strive in our office to work as a team and fulfill the needs of our clients.

Read More