These days it can often seem like the justice system is in a state of permanent crisis – underfunded, undermined, out-of-reach for too many, and beset with backlogs and delays. All of these are issues that the Law Society regularly highlights - and will continue to do so. But it’s vital that we also understand the strategic risks and opportunities the system faces and place ourselves at the forefront of change.
Our civil justice system and the ability to readily access it is a lynchpin for a society founded on the principles of the rule of law, yet it is frayed and in need of reinvigorating. So, over the last few months we have been engaging with our policy committees and a range of external stakeholders to identify the big questions in civil justice and have now convened working groups which will look at five key areas.
Against the backdrop of the increased use of Alternative Dispute Resolution (ADR), one strand of work will look at how to mitigate against some of the inherent power imbalances in ADR to ensure equality of arms. We will also be exploring how to address unmet legal need among individuals not eligible for legal aid, and for small businesses who are currently being priced out of legal support to resolve disputes – at a huge cost to themselves and the economy.
To ensure the profession is at the cutting edge of the digitalisation of the justice system, we’ll look at what is needed to make sure online court systems interface effectively with those used by solicitors. And we will identify both the potential and the risks of using ‘big data’ and predictive capability in the justice system, enabling us to consider measures that will ensure access to justice is enhanced and protected.
Finally, to coincide with the government’s announcement of the Civil Legal Aid Review, we will be looking at international experiences to learn lessons about how civil legal aid could be delivered differently.
This work will be driven by our policy team together with council and committee members, and supported by an advisory group of external expert voices which I am proud to chair.
These are challenging times for the profession and for access to justice. It is incumbent upon us, as champions of access to justice, to rise to those challenges and to lead in finding solutions which will deliver greater access to justice in the modern world.
Richard Atkinson is deputy vice president of the Law Society and a member of its criminal law committee
2 Readers' comments