Law Society in the UK proposes online tool and reforms to future-proof civil justice system

One of the main proposals from the Law Society's 21st Century Justice Project in the UK, detailed in their newly published interim report, is a publicly funded online tool to assist in identifying legal issues and improving the civil justice system in seven key areas.

The 21st Century Justice Project aims to address areas where the civil justice system fails those in need. The Law Society has identified significant gaps in the current system, particularly affecting low-income individuals and small businesses. The project seeks to introduce practical solutions to make the civil justice system more accessible and effective.

Small and medium-sized law firms face challenges such as rapid digitalization, the rise of artificial intelligence (AI), the cost-of-living crisis, and changing consumer behaviours. Solicitors play a crucial role in helping people understand and access their rights. The Law Society wants the profession to lead the conversation on making the justice system future-ready.

The project, launched in March 2023, involves collaboration with experts, small business representatives, and consumer groups. The goal is to propose practical changes to improve the system for low-income individuals and small businesses. The advisory group, consisting of experts, provides critical feedback on the project's progress.

In October 2023, the Law Society published a Green Paper outlining initial ideas for practical, affordable changes to increase access to justice. The Green Paper was followed by a consultation to gather feedback and further shape the proposals.

“What is clear is that the COVID-19 pandemic, digitalisation and AI have driven a fundamental change in both legal services and the justice system, and in the way consumers connect and engage with them,” said Richard Atkinson, vice president of the Law Society and chair of the 21st Century Justice Advisory Group. “Through this work we want to support our members to adapt and evolve so that they can continue to provide the legal advice people need.

The interim report, released in April, presents the feedback received and additional research and engagement conducted. The report includes several key proposals:

• Developing a publicly funded online information and guidance tool to help individuals and small businesses identify legal issues and direct them to appropriate dispute resolution.
• Commissioning new research on international models of civil legal aid and how they could be implemented in England and Wales.
• Convening a cross-industry working group of insurers, solicitors, and consumer groups to improve legal expenses insurance for policyholders.
• Updating support and guidance for members offering unbundled legal services and working with regulators and insurers to reduce risks and expand insurance coverage.
• Promoting ombudsman sector reform and urging the Ministry of Justice to lead on ombudsman policy.
• Enhancing support for small businesses in resolving disputes.
• Assessing the need for consumer protections against risks associated with using AI in justice contexts, including case predictive analytics and generative AI tools.
• Considering protections for consumers dealing with emerging, unregulated dispute resolution providers in the pre-action space.

Atkinson concluded, “With a general election expected this year, all political parties must urgently consider what they will do to protect and enhance a civil justice system that is the cornerstone of the rule of law, a healthy economy and a fair society.”