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DIGITAL DEVELOPMENTS AND LEGAL SERVICES FOR THOSE ON LOW INCOMES

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

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DIGITAL DEVELOPMENTS AND LEGAL SERVICES FOR THOSE ON LOW INCOMES

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  1. SCOTTISH LEGAL AID BOARD: 8 MAY 2014 DIGITAL DEVELOPMENTS AND LEGAL SERVICES FOR THOSE ON LOW INCOMES ROGER SMITH

  2. A picture of transition: old solicitor, new technology, paper files, back office on front desk

  3. THE FUTURE IS LIKE BABY LEO … Form: still emerging Final outcome: unpredictable Potential: limitless

  4. Technology steps forward to change delivery • Co-operative Legal Services, Quality Solicitors, Slater and Gordon, virtual law practices: the explosive combination of new capital, technology, business structures and unbundling • LawAccess NSW - the integration of phone and internet information • Back office comes forward: Epoch -B2B, document assembly plus video • 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 • Truly disruptive technology - from advice to resolution

  5. Technology, Legal Aid and Leadership • The Netherlands and the development of an innovation ‘hub’ - Government and the Legal Aid Board • The US and the LSC Technology Initiative Grants programme - $3.4m in 2013

  6. Issues of effectiveness • Technology benefits from integration with individualised services - both for telephones and the internet (US hotline survey, LawAccess) • 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?

  7. 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.’

  8. 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

  9. 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.

  10. Issues for government 4: the fallacy of the quick buck • Savings may be possible but remember commercial experience - savings may disappear, service may improve. • Commitment must be continuing - nothing so sad and useless as an outdated website. • Effectiveness must be proven: the need research.

  11. Issues for government 5: politics • The fate of NHS Direct

  12. Specific issues for SLAB • Maximising role of private sector • Encouraging diversity and experiment • Validation, independence and accuracy - branding or regulation? • Elision from information to advice to resolution - exploring the ethics • Involving the courts in assisting self help litigants - new money? • Funding - timing your run • Leveraging your contribution • The need for research

  13. Digital Exclusion • Cannot be ignored • Technology changing all the time • Three kinds - technological, skills, cultural • Quite likely an 80-20 issue - overall but … • Exclusion concentrated among legal aid’s clients: ‘a digital caste system will endure well into the future’ (Schmidt and Cohen) • For now, face to face advice will be needed in some form

  14. The promise of technology is also like Leo: bewitching but needing considerable care.

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