Unlocking justice with technology

A new report published by the Law Society of England and Wales puts forward the view that technology could be a means to unlocking justice for everyone.

The report, which was based on an assessment of 50 initiatives and qualitative interviews with more than 45 stakeholders, explores whether technology is the key to unlocking the potential of law, justice and rights and concludes that, with the right support from government, it could indeed be the innovative solution being sought.

Law Society of England and Wales president Simon Davis said

“Technological solutions can help to unlock justice for those with legal needs but not the means.”

“New user-focused innovations have overcome some of the traditional obstacles to access. Firms, advice clinics and in-house teams are utilising technology to serve more effectively the needs of often vulnerable clients.

“However much more support is needed for meaningful impact. This includes better coordination, information sharing and resources.

“There are still too few solutions designed specifically for this purpose – instead, the sector is over-reliant on a trickle down from the commercial legal market.”

Key findings in the report include:

• Significant work is being done by firms, advice clinics and in-house teams to meet legal need which is supported by technology. The government has taken positive steps through the Legal Support Advisory Group and its ministerial commitments to support new forms of technology to make justice more accessible. There is, however, much more to be done – in most cases, better data management, information sharing and co-ordination is needed.
• The consumer-facing market is less mature than the business-to-business market on legal technology adoption. Recently, resource allocation and the need for greater efficiencies have driven demand for technological solutions.
• Online resources are the primary means of providing information to the public. However, face-to-face remains the most popular way for delivering advice, followed by mobile apps which are often used at the start of the process.
• Barriers to technological adoption include; widespread variation, lack of access to data, inequality of resources, duplication of products, funding and regulatory concerns.
• Innovation is being led and used by third sector, including law centres and pro bono clinics, often working with firms and universities to provide services. This is more commonly found for disputes in housing, family, employment, debt and social welfare.
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Mr Davis went on to say:

“Government must recognise that technology alone cannot provide a silver bullet: use of technology needs to be part of a wider innovation strategy, centred on the individual that needs legal help and framed by the organisation’s purpose and resources,”

“Technology-based initiatives can facilitate access to a qualified lawyer, but they cannot replace it. Since 2012 half of law centres or agencies offering free legal advice have closed, and there have been significant cuts to legal aid.

“Government should work with stakeholders to agree a joint set of principles for long-term investment. This will encourage a growth in justice innovations and their adoption within the sector – enhancing access opportunities for those who need it most.”

The report recommends government bodies, private sector and third sector organisations that offer funds for legal technology and access to justice initiatives should agree on a set of principles to encourage long-term investment in the sector. It also suggests the creation of an Open Source Platform for access to justice and technology and a comprehensive list of agreed solutions to overcome barriers and meet legal need.

The report Technology, Access to Justice and the Rule of Law was published on 16 September 2019.