We know that the rule of law and access to justice are vital to everyday life. They underpin our social, political and economic systems. Adherence to the rule of law and full access to justice not only ensure our society can function, but that it can function well.
Yet over the last 20 years, the rule of law and access to justice have been undermined. Cuts to court funding, legal education and legal aid have made it harder for justice to be delivered. The rule of law and our justice system have been positioned as enemies of the public good. Critiques of ‘lefty lawyers’ entered and remain in public discourse. The targeting of immigration law firms during the 2024 riots shows the real-life consequences of this narrative – and the need for a different story.
Our response to this challenge
One way the Law Society of England and Wales is responding to this challenge is through our Reframing Justice programme – a partnership with FrameWorks UK, which is a not-for-profit research organisation that specialises in how to frame important issues.
To build public support and political will to protect our justice system and the rule of law, our Reframing Justice programme is exploring new ways of using language and ideas to build shared understanding and demand change.
How people think about the rule of law and access to justice
In phase one of this programme, FrameWorks identified how people think about the rule of law and access to justice and how this differs from the way experts think.
One notable finding is that most people believe that the rule of law exists only to hold back chaos - and so is not relevant to everyday life. However, people who have used a solicitor are more likely to hold a different understanding – that the rule of law creates a fairer, more balanced and more unified society.
Talking about the rule of law and access to justice
In phase two of the programme, FrameWorks worked with organisations across the legal and justice fields to design and test framing strategies. The aim was to build understanding and support for the rule of law and access to justice – including the role of governments and of lawyers.
At the heart of this new approach is the idea that the rule of law and access to justice are how we prioritise and promote the public good. As such, our government has a duty to champion and properly fund them.
Talking about solicitors
We also explored strategies about how to build public understanding of the legal profession and the role solicitors play in upholding the rule of law and ensuring access to justice. These were found to be particularly effective:
- Talking about the ways in which lawyers help society to both function and function well. People primed to understand the rule of law as creating a fairer, more balanced and unified society are more likely to recognise the role of lawyers in upholding the rule of law and access to justice.
- Comparing the work of lawyers with the work of other professionals who meet the essential needs of the public, like doctors. For example, invoking the expectations we have for these other professions, like independence from political interference.
- Showing examples of legal services in action - and how lawyers help meet the diverse needs of communities. For example, a free clinic for housing advice, pro bono support at an employment tribunal, paid work to set up a new business.
Next steps
Starting with a webinar on 3 March, we will share our full recommendations with legal and justice professionals as well as more widely on how to make the case for strengthening the rule of law and improving access to justice.
If you would like to find out more, or get involved, please get in touch at campaigns@lawsociety.org.uk.
To attend the webinar, please use this form.
Richard Atkinson, president of the Law Society of England and Wales and Tamsyn Hyatt, director of evidence at FrameWorks UK
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