Mind the justice gap: Law Society's 21st Century Justice Project aims to bridge disparities

New research reveals a stark contrast in access to legal assistance between individuals on low incomes and those on higher incomes, highlighting a concerning justice gap. Moreover, a staggering eight out of 10 respondents believe that individuals with fewer financial resources receive inferior outcomes in the civil justice system.

In response to these disparities, the Law Society has released the interim report of its 21st Century Justice Project. This initiative outlines comprehensive plans aimed at narrowing the justice gap, particularly for small businesses and individuals with limited financial means who struggle to afford legal representation or are ineligible for legal aid.

The report identifies seven key areas of focus within civil law, with proposed strategies including:

1. Creation of a publicly funded online information and guidance tool to assist individuals in identifying legal issues and directing them toward appropriate dispute resolution channels.
2. Exploration of international models for delivering civil legal aid and collaboration with healthcare professionals to facilitate referrals for individuals with legal needs.
3. Establishment of a cross-industry working group to enhance the effectiveness of insurance covering legal expenses for existing policyholders.
4. Provision of support and guidance to legal practitioners offering unbundled or fixed-fee services, alongside exploration of ways to mitigate risks and expand insurance coverage for AI-generated legal services.
5. Advocacy for reform within the ombudsman sector to improve dispute resolution mechanisms, advocating for its placement within the Ministry of Justice.
6. Enhancement of support for small businesses in resolving disputes by strengthening the role of the Small Business Commissioner.
7. Collaboration with stakeholders to develop safeguards protecting consumers from potential risks associated with AI-generated legal services.

The Legal Needs Survey underscores the increasing reliance on online resources for legal information, with more than half of respondents seeking guidance online. However, despite the growing prevalence of AI technology in legal services, a significant proportion express reservations due to a lack of trust and human oversight.

Richard Atkinson, Vice President of the Law Society and Chair of the 21st Century Advisory Group, highlights the collaborative efforts undertaken to refine proposals and address evolving trends. He expresses optimism about driving forward the project alongside members, stakeholders, and the Advisory Group to realise a modernised justice system.