DIGITAL DEVELOPMENTS AND LEGAL SERVICES FOR …

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SCOTTISH LEGAL AID BOARD: 8 MAY 2014
DIGITAL
DEVELOPMENTS AND
LEGAL SERVICES FOR
THOSE ON LOW
INCOMES
ROGER SMITH
A picture of transition: old
solicitor, new technology,
paper files, back office on
front desk
THE FUTURE IS LIKE
BABY LEO …
Form: still emerging
Final outcome: unpredictable
Potential: limitless
Technology steps forward to change
delivery
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Co-operative Legal Services, Quality Solicitors, Slater and Gordon,
virtual law practices: the explosive combination of new capital,
technology, business structures and unbundling
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LawAccess NSW - the integration of phone and internet information
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Back office comes forward: Epoch -B2B, document assembly plus video
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Websites transforming services: Families Change - court based, dealing
with emotions as well as law, California and BC; Mumsnet, Wikivorce,
Divorceonline, etc - the power and danger of online communities;
rechtwijzer.nl
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Truly disruptive technology - from advice to resolution
Technology, Legal Aid and
Leadership
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The Netherlands and the development of an innovation
‘hub’ - Government and the Legal Aid Board
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The US and the LSC Technology Initiative Grants
programme - $3.4m in 2013
Issues of effectiveness
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Technology benefits from integration with individualised
services - both for telephones and the internet (US
hotline survey, LawAccess)
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Too many websites simply reproduce paper fact sheets
and booklets - need for encouragement of more
imagination - role for LABs? Simple discussion,
agreement and promotion of success criteria useful.
National competition? International recognition?
Collaboration?
Issues for government 1:
clumsiness
❖
Clumsiness - the dinosaur in the age of the rat - DWP
Sorting out separation site ‘will lose credibility if it is
perceived as offering unrealistically positive solutions or
does not acknowledge real-world situations.’
Issues for government 2: policy contamination
DWP criteria for accreditation for assisting families on separation
The organisation has a vision/ mission/strategic aim that includes the promotion of
collaboration and reduction of conflict in the best interests of children.
The organisation consistently demonstrates its commitment to the promotion of
collaboration and reduction of conflict
The organisation is effective in the promotion of collaboration and reduction of
conflict
The organisation’s service users/ clients/patients/callers/website visitors report
positive, helpful, negative and unhelpful experiences that help the organisation
redesign services to improve them
Issues for government 3: does it dare to be
honest?
❖
Do people in conflict with government believe its
websites? Should they? The case of social security.
Issues for government 4: the fallacy of the
quick buck
❖
Savings may be possible but remember commercial
experience - savings may disappear, service may
improve.
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Commitment must be continuing - nothing so sad and
useless as an outdated website.
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Effectiveness must be proven: the need research.
Issues for government 5:
politics
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The fate of NHS Direct
Specific issues for SLAB
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Maximising role of private sector
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Encouraging diversity and experiment
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Validation, independence and accuracy - branding or regulation?
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Elision from information to advice to resolution - exploring the ethics
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Involving the courts in assisting self help litigants - new money?
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Funding - timing your run
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Leveraging your contribution
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The need for research
Digital Exclusion
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Cannot be ignored
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Technology changing all the time
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Three kinds - technological, skills, cultural
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Quite likely an 80-20 issue - overall but …
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Exclusion concentrated among legal aid’s clients: ‘a digital
caste system will endure well into the future’ (Schmidt and
Cohen)
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For now, face to face advice will be needed in some form
The promise of
technology is also
like Leo:
bewitching but
needing
considerable
care.