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Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH

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Page 1: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH

Page 2: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

Technology and legal aid❖ Legal aid is being cut.❖ Digital delivery is

developing in at least five distinct ways.

❖ Any chance of linking the two?

Page 3: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

Law is national: technology is global - there are lessons abroad.

Page 4: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

1. The Spread of virtual legal practice

Si

Using electronic communication, the web, document assembly, fixed

fees, unbundling, online communities, specialist perspectives (eg

dads or mums online), links with online communities.

Unlocking the ‘latent legal market’, linking with ABS and de-

regulation.

Bringing down the price.

Page 5: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …
Page 6: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

Professional Legal Advice Online.

Slater & Gordon Lawyers offers expert legal advice for all your legal matters – on- and off-line.

Page 7: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …
Page 8: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

2 From static information to dynamic advice

Si

Information that is moving to interactivity and, where allowed, to individualised advice

(integrated with face to face options)

Rechtwijzer 1.0

MyLawBC

Advicenow.org.uk

(adviceguide.org.uk)

Page 10: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …
Page 11: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

3. The potential of guided legal processes

❖ Avatars get real.

Page 12: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

4. Maximising the interface with skills

Si

S

Pleading not guilty Have you decided to plead not guilty? This video provides information about going to court and pleading not guilty. It will show you: • how to prepare for court • what to do and say at the mention, including where to

stand, and what to say to the magistrate or registrar • how to work out who will give evidence to support your

case.

LawAssist - Pleading not guilty

Page 13: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

5 The Potential of end to end services: Rechtwijzer 2.0, Civil Resolution Tribunal (BC), Susskind

Possible modules (Rechtwijzer):

1. Diagnosis and Information (intended to be free);

2. Intake (intended as fee-based);

3. Dialogue between the parties (free);

4. ‘Trialogue’ - an opportunity for online mediation [or could be legal advice] (fee-based);

5. External online review (fee based).

6. Online adjudication if required (fee based also and conceived as part of the ‘trialogue’);

7 ‘After care’

Page 14: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

Caveat 1: to government

Page 15: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

Caveat 2: sometimes you cannot beat printA reminder from Connecticut.

Page 16: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

Caveat 3: digital exclusion❖ Digital inclusion and exclusion - physical, skills and cultural.

❖ The challenge of mobile.

❖ Exclusion more likely to be lack of skills (IT, language, cognitive) than physical

❖ Pockets of exclusion in some communities in population - elderly, immigrant, for UK those with a disability.

❖ Research reports 14 per cent of UK users would prefer not to use the internet (Oxford Internet Survey).

❖ Cannot assume in UK more than 50 per cent access in lowest income groups. Digital needs integration with face to face - both internally and externally.

Page 17: Law Society legal aid conference 2015...Law Society Legal Aid Conference 2015: 19 March 2015 ROGER SMITH Technology and legal aid Legal aid is being cut. Digital delivery is …

The consequences for legal aid❖ Can digital delivery be useful for legal aid’s traditional

clients?

❖ Can digital delivery reduce costs sufficiently to encourage the reappearance of government in legal services to the poor?

❖ Can private practice reinvigorate itself through new ways of incorporating digital delivery?

❖ How possible are ‘end to end’ legal services for small claims?