Bulletin No. 28
Bridging the Gap: Technology's Role in Access to Justice
Discussion
The United Nations Sustainable Development Goals underscore the importance of peace, justice, and strong institutions. Goal 16 highlights the need for equal access to justice for all. In the UK, however, the picture is more complex. The legal aid system, designed to assist those who cannot afford legal representation, is facing significant challenges. Recent changes to legal aid access thresholds have brought some relief, with an estimated 2 million more people in England and Wales becoming eligible for civil legal aid each year. However, eligibility is only one part of the equation. The reality is that fewer people have actual access to legal aid, and this is a pressing issue that needs attention.
The system has faced a series of cuts and restrictions. The consequences of these challenges are far-reaching, affecting various areas of law, including housing, mental health, community care, immigration, asylum, and family law.
In the past decade, legal aid providers have dwindled significantly. Austerity measures enacted in the Legal Aid, Sentencing, and Punishment of Offenders (LASPO) Act 2012 have led to a 20% reduction in housing legal aid providers, a 21% loss of mental health providers, and a 27% drop in welfare benefits providers. In immigration and asylum, over 30% of the providers who received contracts in September 2018 had ceased doing legal aid work by March 2023. Importantly, these figures do not indicate a lack of demand for the services of legal aid providers. In asylum, the last year saw at least 25,000 more applicants for legal aid than providers could take. This is at least a 45% deficit and only includes main applicants (not dependents). These are not just numbers but issues that affect the daily lives of individuals. Access to justice is crucial in ensuring that their rights and interests are protected.
Technology as a Solution
We are currently in an era marked by significant technological innovation. Developments such as document automation, predictive analytics, and online dispute resolution are reshaping the legal landscape. These advancements prioritise efficiency and productivity influencing changes in the legal sector. They are also driving the emergence of alternative business models for law firms, transforming legal education, and setting new expectations for public services. While the legal aid system faces challenges, technology can help bridge the gap and make access to justice more equitable.
Virtual Pro Bono Clinics: Virtual pro bono clinics, hosted by qualified lawyers, can provide free legal advice to underserved communities. By offering remote consultations, these clinics save time and money for lawyers and clients, making access to justice more attainable.
Online Legal Aid Resources: Creating user-friendly websites and mobile apps that offer comprehensive legal information, guidance, and resources can empower individuals to understand their rights and navigate legal processes. Pro bono lawyers can contribute by offering their expertise to ensure the quality and accuracy of online legal resources.
Legal Aid Chatbots: AI-powered chatbots can provide preliminary legal information and assistance to individuals in need. While not always accurate, they can answer common legal questions, guide users to relevant resources, and offer a sense of direction in legal matters.
Pro Bono Document Automation: Document automation tools can streamline the process of generating essential legal documents. Pro bono lawyers can create templates for various legal forms, making it easier to provide free legal services efficiently.
Data Analytics for Pro Bono Allocation: Technology can help legal organisations identify underserved areas and populations by analysing data related to legal needs. This insight allows pro bono services to be strategically allocated to where they are needed most.
Beware!
While technology presents promising solutions to the access to justice crisis, it is crucial to consider potential pitfalls that we should keep in mind before adopting a new technology.
Digital Divide: Not everyone has equal access to technology, and those with limited technological proficiency may struggle to take full advantage of digital legal services. So, adapting to technology is not only about changing the system but also bringing in a change in mindset and increasing access to these facilities.
Privacy and Security: Managing sensitive legal matters electronically raises concerns about data security and confidentiality, demanding robust security measures that would potentially require policy changes.
Bias in Technology: Technology-driven decision-making can perpetuate biases present in the data used to train algorithms, potentially leading to unfair outcomes.
Human Element: Over-reliance on technology may diminish the human touch required for complex, emotionally charged legal situations, potentially impacting empathy and judgment.
The Bottom Line
Access to justice is a fundamental right that technology has the potential to make more attainable. In the United Kingdom, where the legal aid system faces challenges, leveraging technology can bridge the gap between eligibility and actual access to justice. With the digital landscape continually evolving, there's a pressing need to adapt to the changing times. However, it must be thoughtfully implemented, considering its drawbacks, to ensure it genuinely serves the interests of justice and the public. By addressing these challenges and harnessing the opportunities presented by technology, we can take significant strides towards a more equitable and just society.
Charity Spotlight
LawWorks
LawWorks is a charity committed to enabling access to justice through free legal advice. They aim to connect volunteer lawyers with people in need of legal advice, who are not eligible for legal aid and cannot afford to pay and with the not-for-profit organisations that support them. This is delivered by a network of committed volunteer lawyers and law students across England and Wales. They also gather and publicise evidence from their networks about the legal advice requirements of people in need, including the impacts of legal aid reforms, and advocate for positive change.
The charity offers a range of opportunities for lawyers and students to get involved, find more information here: https://www.lawworks.org.uk/solicitors-and-volunteers/get-involved/pro-bono-opportunities
Internal Opportunities
The Justice Hub
The Justice Hub is our university’s main platform that organises flagship projects dedicated to improving access to justice for the disadvantaged and providing clinical education. They have a range of opportunities and projects throughout the year for students to get involved in, such as:
· Legal Advice Center: Students, supervised by University staff and volunteer lawyers, offer advice to the general public.
· Manchester Innocence Project: It is a staff-student collaboration aimed at helping the wrongfully convicted and promoting positive change in the justice system. Students have the opportunity to gain a practical insight into the legal system and the unique issues affecting those who suffer a miscarriage of justice.
· Law and Technology Initiative (LaTI): The Initiative brings together practice and research to identify dangers and facilitate opportunities in future policy directions at the interface of law and technology, and to develop the next-generation workforce through innovative curriculum and skills training.
· Vacation Scheme: A summer vacation scheme where students work for one week on a case in the Legal Advice Centre.
External Opportunities
Greater Manchester Law Center (GMLC)
Their aim is to enable the people of Greater Manchester to campaign for change as well as to provide access to free and independent legal advice and representation for people who could not otherwise afford it. They campaign for access to justice, for welfare provisions, employment rights, and housing for all.
There are numerous ways to get involved with GMLC. You can not only volunteer to provide free legal advice but also volunteer for their campaigning and fundraising initiatives. For more information, see here:
https://www.gmlaw.org.uk/campaign-volunteers/
