Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘innovation in advice provision

Seeking legal help online: the challenge of design

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In December 2020 Roger Smith, who runs the excellent Law, Technology and Access to Justice website (at https://law-tech-a2j.org/,) posted an item about an important report from Australia.

Written by Jo Szczepanska and Emma Blomkamp, and published by Justice Connect (a not-for-profit Law Charity, see https://justiceconnect.org.au/) their recently published report Seeking Legal Help Online –
Understanding the ‘missing majority’
offers a range of practical ideas on how to design self-help resources that can actually be used by those seeking help. In Smith’s words: “It puts Australian experience front and centre of global discussion of a key topic.”

The phrase ‘missing majority’ in the title refers to the fact that the majority of people will not or cannot afford to use the services of legal practitioners to assist in the resolution of disputes or other problems. However, in the words of the report “as the missing majority progressively adopts technology, there are increasing opportunities to find new models of providing cost-efficient and effective free legal assistance at scale”. The report aims to find a better understanding of the opportunities to assist the missing majority through online resources, recognising their limits as well as their potential.

The report sought to answer the following 5 questions:

  1. How do people search for legal help online? The first set of insights describes the variety and mixed results of searching techniques used by participants in this research.
  2. What is the self-help journey like? This looks at the difficulties of trying to solve problems on your own. For example legal jargon is confusing for most people who haven’t studied law; the rules and procedures of the legal system can be opaque; and the process to understand and resolve an issue can be incredibly time-consuming. Indeed the whole process can be highly stressful.
  3. How can different resources help and how are resources used? The report draws on participants’ own analyses and explanations of why they would select certain tools, when they would use them, and what combinations of resources would work best for them and their issue. Where self-help became overwhelming, participants would start looking for a professional to help them.
  4. How can resources be improved? This considered the shortcomings of existing legal resources and the behaviour exhibited by people as they try to decipher and then apply new knowledge. These insights highlight issues of access, trust, accessibility, appropriateness and usefulness.
    Unfortunately, many online legal resources remain limited in their design, simply putting online existing forms and leaflets. Some people with disabilities cannot access or use online legal resources at all because the resources have not been designed with their needs in mind. Resources often also contain overly technical and complex language.
  5. How do help-seekers define a legal problem? This part of the study draws attention to the question of how a diverse range of people who find themselves in need of legal information or assistance try to find that information. Overall, the stories from participants and examples from live searches and testing of resources highlight the differences and commonalities of searching for legal help and information online.

In the light of the findings from the empirical part of the study, the final section of the report presents a series of recommendations and design principles, offering guidelines for improving online legal self-help resources. The recommendations focus on how to involve people with lived experience of trying to use existing resources together with relevant professionals in funding, researching, designing, testing, implementing, promoting, and evaluating online self-help resources.

Suggestions in the report are tailored for a range of different target audiences: users, funders, service providers, and resource makers. They are grouped under five main headings:

  1. Invest in information design and user experience;
  2. Involve people with lived experience in making online resources
  3. Break down silos between sectors, organisations, communities, and self-help
  4. Establish communities of practice to support makers of online self-help resources
  5. Invest in consumer outreach, search engine optimisation, communications, and marketing.

This blog does not reflect the detailed ideas contained in the report. Anyone wanting to develop new online resources should read this report for its ideas about how this might be done in ways that would actually help. The scope for innovations seems almost limitless. Policy on access to justice needs to take self-help seriously.

(This entry has been adapted from the report’s Executive Summary.)

It can be downloaded at https://justiceconnect.org.au/about/digital-innovation/missing-majority-report/

Innovation and the use of technology in the provision of legal services

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The Legal Services Board has just (November 2018) published its latest detailed picture of levels of innovation and use of technology in legal services in England and Wales.

This report looks at the attitudes of legal services providers, sets out the benefits from innovation and considers the perceptions of the main enablers, including the impact of regulation.  The headline findings are:

  • the legal sector makes use of a variety of technologies but the use of services such as Blockchain or predictive analytics are, as yet, rare
  • overall levels of service innovation are unchanged since the first wave of the research three years ago
  • ABS, newer providers and larger providers have higher levels of service innovation.

Although putting a positive spin on the outcomes of the survey, I cannot help thinking that the LSB may actually be rather disappointed at the outcomes of the survey – given all the talk that there has been about the importance of innovation and new technologies.

My impression is that change is happening, but that it will much longer for the full benefits claimed for the use of new technologies to be realised in practice.

You can read the full report at https://www.legalservicesboard.org.uk/news_publications/LSB_News/PDF/2018/20181128_Innovation_Driven_By_Competition_And_Less_Hindered_By_Regulation.html

 

 

 

 

Innovation in the provision of legal advice

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Lawyers do not always get a good press. But an interesting paper, recentlypublished by the Human Rights Group JUSTICE (I declare an interest – I am a member of its Council), shows that there are many who still want to deliver legal services to the most disadvantaged people in our society.

In Innovations in personally-delivered advice: surveying the landscape the paper takes a look at how dedicated lawyers and others in the advice sector have sought to devise new ways of delivering advice to members of the public. The cuts to Legal Aid have not deterred them from wanting to provide a public service.

The importance of these services was stressed both in the Low Commission report in 2015, and the Bach report in 2017 – both of which called for their development. What the JUSTICE report shows is how, in a time of austerity, it is still possible to offer at least some services in new an innovative ways.

A number of important points emerge from the survey:

  1. First is that taking legal advice to places where those who might want that advice go might be more effective than expecting people to come into solicitors’ offices. Thus the report gives examples of outreach work being undertaken in doctors’ surgeries, foodbanks, prisons, ‘pop-up’ clinics in libraries, branches of Tesco, and university Law Clinics.
  2. Second, providers may need to consider new partnerships with both the private and charitable sectors to fund new initiatives. The report gives examples of new partnerships with the private sector (e.g. banks – offering advice on debt ) and the charitable sector (e.g. Dementia UK offering advice for dementia sufferers and carers). Moves towards greater corporate social responsibility may offer new opportunities for innovation.
  3. Thirdly, the report gives examples of advice providers taking advantage of the new rules on Alternative Business Structures to develop new ways of delivering face-to-fact advice services. For example, with Gateshead Enterprises’ Job Law, “the first consultation is free and any further advice required is on a ‘pay as you go’ basis”;  the chargeable advice is half price; and any profits are channelled directly back into Citizens Advice Gateshead to ensure it can continue its work.

This is not designed to be a comprehensive report on everything that is happening in the advice sector. But, given how easy it is to assume from the media that the cuts in legal aid and other sources of funding for the advice sector have almost destroyed the advice sector, I think it important to know that dedicated individuals continue try to deliver a service to those who most need such services. The examples given in this paper show that the green shoots of innovation are, if not yet flourishing, beginning to emerge from a very hard economic climate.

I hope the examples given here will inspire others to bring forward their own ideas and initiatives.

The JUSTICE report is available at https://justice.org.uk/innovations-personally-delivered-advice-surveying-landscape/

Written by lwtmp

March 6, 2018 at 5:19 pm