Australian study of older people – comments on study that found that only 42% of older people knew how to obtain information on legal rights (page 5). very few people sought advice when entering a retirement village or care home (page 9).
Barriers to obtaining advice range from opening hours to sense of powerlessness (page 6). Report suggests one in five people did not attempt to resolve problem and three in ten tried to solve it themselves – table ob page 13. Explanations for courses of action on subsequent pages.
Anecdotal evidence of cherry picking in response to rise of fixed fees for legal aid work (page 50). Also covers lack of awareness from potential clients that help is available (page 63).
At court, four out of five defendants had a solicitor – those that didn’t generally didn’t want one (page 3). Further breakdown about lack of solicitor representation pages 23 – 26.
Australian empirical study, mapping demand with supply of services. Short PowerPoint presentation
there’s a relatively well-resourced but shrinking island of family and criminal legal aid floating in an ocean of unmet legal need (page 66).
Advice does not cater for those socially excluded
covers Civil and Social Justice Survey (page 11) where some people fail to get advice. Also covers LSCs money advice outreach scheme. (page 11).
Analysis of the problems arising from not having a will
covers failure to supply police station advisors for a variety of reasons – including unanswered phones (page 18 – 19). Further discussion about unanswered phone calls (page 29).
Report refers to Strategic Service Delivery Model, which aims to indentify met/ unmet legal needs, and tailor services to deliver those needs (page 6). Remainder of presentation very briefly explains how.
Discusses percentages of case refusals by solicitors that have been referred (page 4). Refusal rates range from 15 – 50%
Discusses potential unmet need for witness support in courts service (page 54) – suggesting it lowers satisfaction of entire process.
Discusses whether or not contingency fees are suitable in employment cases, by type of case. High number of “unsuitable” suggest potential clients are being turned down on basis of risk? (page 81). Data implies they’re more prevent in big value cases (page 85). Thresholds of viability on page 86.
Discusses whether SMEs are reluctant to use external advisors – 76% for solicitors (page 8).
Citizens advice view that new entrants and price competition will benefit those consumers who are not eligible for legal aid but cannot currently afford a solicitor – page 20
Barriers to seeking advice – pages 45 – 48) CAB access again (page 54 – 55).
Discussion of legal expectations v affordability
“People with poorer mental health are less likely to act to resolve civil law problems, or try to resolve problems on their own. However, if they do attempt to resolve problems, they are more likely to obtain help.” (page 1)
BME respondents less likely to take action to address legal problems
Refers to LSRC research, which said that at least one million civil law problems go unsolved each year (page 1). Nothing is done to resolve one in five civil law problems (1). No obligation for Criminal Defence services to provide information about this sector (page 4).
19% of respondents experiencing a legal problem took no action to resolve it
CAB advisors find it difficult to find a CLS solicitor by practice area – page 3.
61% of those who have a problem seek advice
Consumer markets can be segmented by type of substantive practice and also by client demographics. For example, one specialist in divorce law may serve primarily a middle income class clientele community, and another divorce practitioner has very wealthy clients with millions of dollars in assets. Yet, a large proportion of the consumer market remains underserved by the legal profession because of affordability and access issues. Page 1
Graph shows when solicitors were unable to use a barrister, by type of advice matter (page 22). Less of a problem in 2005 than in 2004 (page 25). Lack of availability of barrister by location (page 27 – 28). By practice area (page 29). By seniority (page 30). Reasons why (page 37). Did a lack of barrister cause problems? (page 42). How they dealt with it (page 45)
Report (implies) that small firms take as much advantage of the patent system as they could (page 5-6).
High level of reaction to problems
Report covers research, which that around 1 million legal problems go unresolved each year (page 13).
In Australia turn away rates for legal services is 9.8% (page 16).
In legal aid cases, solicitors reported main reasons for being unable to find a barrister were: barristers too busy (46%) or barristers felt fees were unreasonable (48%) page 60. For solicitors, the main impact of unavailability of suitable barristers was – do work yourself, or use a less experienced barrister instead (page 62). But only a very minor issue (page 64), in terms of numbers of incidences. Lack of availability varies over time and by practice area (page 68).
Report suggests an unmet need for discrimination advice (page 9).
In relation to money advice (not just law) many prisoners faced financial problems – and few got advice to deal with them.
Report suggests that low income groups are more likely to suffer problems and less likely to do anything about it (page 13).
In relation to social service appeals, biggest single group of people representing client was family or friends (page 19). But also a large percentage of people who think they could best represent themselves (page 60). And some people realise that organisations such as the CAB could actual represent them (page 62).
Report suggests that unemployment may result in an increased number of “rights problems” (page 5).
Japanese data on unmet legal need – page 23.
Report suggests that, even when people have multiple problems, they may not seek advice on all of them (page 5) – perhaps due to stigma, guilt etc (page 6). Gives breakdown of overlapping problems (page 24) – albeit within survey sample group.
Jon Trigg – Formerly of A4e – Reports that market needs to:
Refers to LSRC report which said that 36% of individuals had faced a civil justice or rights problem in the last three years – but only half of these successfully obtained advice (page 3). Existence of legal aid provides a “u-shaped” legal service delivery (page 4) – legal aid for low income and affordable for high income people, but not middle income people. Discussed legal demands among small businesses (page 5) – A1A research.
Report suggests ways of reaching out to potential clients who may not have English as their first language (not law specific).
Document summarises where there are gaps in CLS provision – i.e. consumer advice in some regions (page 38).
Regulation, or any form of official intervention, is only justified in the presence of a substantial market imperfection, and where the cure is not worse than the original disease
Frequently business seek to muddle through rather than obtain advice – as seeking formal advice is seen as expensive, serious and a last resort – page ii
Report suggests that many people do not obtain debt advice. But report (page 18) is also sceptical about whether advice makes a difference to the financial situation of the people advised.
Old men are less likely to have legal representation in court proceedings (page iii).
Use of advisers – pages 53 -60
People aged 45-54 are three times more likely than 18-24 year olds to have obtained advice. 10% of young respondents in North London who had experienced a problem concerning employment, housing or benefits had visited a mainstream advice provider
Use of advisers – pages 55 -62
Points out that legal aid now (2004) covers only 29% of population (page 4).
Possible measures of unmet need: litigants in person, reported unsolved problems, number of lawyers to population and legal costs and affordability. Other factors include satisfaction with legal services, demand for free legal services – slides 13-18.
Survey found that legal services were costly and unaffordable, pages 33 & 34
Proportion of solicitors in each firm size band pro bono working for client type – Page 26
Type of pro bono activities undertaken by size of firm – Page 27
Overall, the financial value of pro bono work over the past twelve months provided by private practice solicitors over the past twelve months was an estimated
Survey indicates practice areas where most pro bono advice is given. This may (indirectly) suggest unmet legal need – page 10. Further explanation as to why pro bono advice was given on page 11.
Provides table of figures for unrepresented trade mark applicants dating from 2000 to 2010
Survey of solicitors found that – Police intervention and/or misinformation were thought to be the main reasons why people failed to request CLA at police stations.
Reasons why people get help:
Fear of making a bad situation worse
Sense of powerlessness
Survey report suggested that (within sample group) 35% of co-habiting couples would need some form of legal advice after being informed of their legal situation (page 6). But survey also showed a large amount of inertia about getting advice after being informed (page 7)
Survey responses indicated that 49.1% of respondents got advice for their problems, but a large percentage didn’t (14). Explanatory breakdown of who did what on page 15, followed up by data broken down by demographics on subsequent pages. Page 21 sets out why people did nothing – further broken down into demographics. Summary table of those who did not obtain advice, by demographics and impact of lack of advice (page 49).
Just 3% of BME people are using legal services for wills and probates, compared to 14% of the general population
The most common reason given for acting in person by respondents in Paths to Justice was that they did not think they had to be represented, the second most common reason: an inability to afford representation. Intriguingly also, some respondents had been advised to represent themselves. (Genn, 1999)
However research interviews showed that:
there was a strong consensus that few individuals were unrepresented by choice. The main reason suggested for acting in person in both family and civil cases was the cost of legal representation, coupled with ineligibility for legal aid
This is influenced by court activity (e.g. leaflets advising against need for solicitor – page 18) individuals perceptions of complexity, and cost benefit calculations meaning they conclude it isn’t worth instructing a lawyer (Pages 15-20)
Reports findings from sample of family cases:
Most adoption (75%) and divorce (69%) cases involved one or more adult unrepresented litigants. Almost half (48%) of the Children Act and injunction (47%) cases in our sample involved adult unrepresented litigants, as did just under a third (31%) of ancillary relief cases.
For most case types unrepresented litigants are more likely to be respondents than they are to be applicants or petitioners. Adoption is rather different in this respect, where the proportion of applicant and respondent unrepresented litigants is similar.
Even though respondents are more common than applicants, in divorce (27%) and to a lesser extent Children Act cases (12%), there is a significant minority of unrepresented adult petitioners and applicants.
It can also be seen that it was relatively uncommon for both sides to be unrepresented. This was most common in divorce cases (25%). In 7% of Children Act cases both sides were unrepresented, 2% of ancillary relief and 0.5% of injunctions (1 case) in our sample.
The most common cases involving unrepresented litigants were mortgage and rent arrears, debt cases, commercial lease cases (which are uncontested) and enforcement of tribunal awards. These are all cases where there may be limited room for substantive dispute – Table 14 has more details. – Page 36
On our wide definition of a litigant in person (a party who is unrepresented at some stage during the proceedings), two thirds (67%) of County Court cases involved unrepresented litigants, and about a third (34%) of High Court cases involved unrepresented litigants. The figures are broken down by litigant type in Table 15. About a fifth of High Court cases involved unrepresented individual defendants and about 1 in 8 cases involved unrepresented business defendants. Unrepresented claimants were rare, occurring in only 4% of High Court cases.
In the County Court over half the cases involved unrepresented defendants, and 1 in 5 cases (usually housing possession cases) involved institutional litigants who were unrepresented at least at some stage in the proceedings. Unrepresented individual and business claimants were more common in the County Court but still not in large numbers. Page 37
Detailed breakdown of civil by claimant and action type – Table 17, Page 40
Litigation funding only really helpful for larger (i.e.
This report deals with the difficulties in obtaining financial compensation as a result of a wrong committed by public bodies. It mainly discusses the lack of tangible legal rights available, rather than the lack of legal advisors to assist claimants.
More than half all barristers chambers appeared to be in London (2007 data).
US study covers unmet legal need in US (page 388).
Responses to problems, including characteristics of those who take action and those who , advice and seriousness, barriers to advice, and sources of advice – Pages 79 – 113
Suggests a shortage of judges and courts may cause delays in getting cases settle (page 17). Gives lead times for large trials (page 19). And judges can take a long time to write judgments, causes more shortages (page 20). 40% of appearances before the court of appeal at litigants in person (page 21).
Review of GIS techniques to identify and quantify unmet legal need in California. Emphasises importance of cross referencing data – e.g. Domestic violence cases and reports to the police page 29
Suggests lack of legal aid money means there’s often little scope for funding an appeal (page 10). Then summarises the barriers to post-court support (page 18 – 20).
56% said the process of seeking advice was either very easy or easy, 12% said either difficult or very difficult
20% of respondents said that they had not sought advice even though it could have been beneficial.
Most common reason by far was cost – too expensive (54%). Next most popular answer was
Summarises what kind of advice that clients used during an LSC-funded money outreach pilot (page 4-6). Reports expands on why people hadn’t sought advice (page 39).
yes, BME using a solicitor less frequently – is this due to less legal need or reluctance?
Sharp fall in eligibility for legal aid in recent years (page 10 -11).
Yes, consequences of not addressing legal needs and lack of assistance and guidance provided
Some firms turn away CFA work for PI cases because of risk profile (page 28). For med neg claimant cases, law firms need to do a risk assessment and also obtain an expert report before case (cost
Yes, due to the outreach service only being available in few prisons. Prisoners are unable to complete the relatively simple tasks of phoning or writing for legal advice.
Some scepticism about whether making a claim for legal assistance under policy would be paid out (page 28).
yes, especially prisoners who fail to obtain legal advice for financial problems (only 6%)
State funding of 15 hours of free legal advice to deal with issues relating to sudden death of individual under victims
Stats on ease of making an appointment – generally easy (page 27) to.
Suggest than emphasis on focusing provision in urban centres will harm outreach (page 36).
Reports LSRC findings that people with divorce problems were more likely to seek advice on those problems than almost any other type of problem.
Given the lower percentage of lone parents who perceived divorce as a significant problem compared with other problem types (19 per cent), this may say something about the ready availability of help (from solicitors) and
the stronger perception that the issue requires advice, whether or not it is a significant problem. Surprisingly, however, nearly one-quarter (23 per cent) indicated that it was impossible to get the advice that they needed, and only
just over half found it very easy (28 per cent) or fairly easy (25 per cent) to get
– Page 40
Suggested some CFA cases aren’t taken on because of the case’s risk profile (page 11). Discusses further page 12.
Responses to problems – pages 49-90
Suggests a lack of provision of advice for children (page32), even though councils are under obligation to provide them with certain services.