Organisation Description Year
Law and Justice Foundation

Legal information needs of older people

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).

2004
Legal Services Research Centre

Understanding advice seeking behaviour: further findings from the LSRC survey of justiciable problems

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.

2004
Ministry of Justice

Study of legal advice at local level

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).

2009
Legal Services Research Centre

Criminal defence services: users’ perspective

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.

2008
Legal Services Research Centre

Planning For Legal Needs: An Australian Case StudyDr Judith Subbs, Alastair McEwin, and Thomas Storer

Australian empirical study, mapping demand with supply of services. Short PowerPoint presentation

2010
Solicitors Journal

New foundations: coordinated solutions towards a new model

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).

2010
Department for Constitutional Affairs

Getting earlier, better advice to vulnerable people

Advice does not cater for those socially excluded

2006
Legal Services Commission

Client and Public Engagement Strategy 2009 – 2013

covers Civil and Social Justice Survey (page 11) where some people fail to get advice. Also covers LSCs money advice outreach scheme. (page 11).

2009
National Consumer Council

Finding the will – a report on will-writing behaviour in England and Wales

Analysis of the problems arising from not having a will

2007
Centre for Crime and Justice Studies

CDS Direct: Flying in the face of the evidence

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).

2008
Barrow Cadbury

Lost in transition: a report of the Barrow Cadbury Commission on Young Adults and the Criminal Justice System

Criminal justice

2005
Legal Services Research Centre

Strategic Services Delivery Model: A good practice to meet the needs of diverse groups – Louise Edwards, Polly Porteous, Alastair McEwin

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.

2010
Moulton Hall Market Research

Referral arrangement and legal services research report

Discusses percentages of case refusals by solicitors that have been referred (page 4). Refusal rates range from 15 – 50%

2007
Ministry of Justice

Just satisfaction? What drives public and participant satisfaction with courts and tribunals

Discusses potential unmet need for witness support in courts service (page 54) – suggesting it lowers satisfaction of entire process.

2008
Cardiff University

Damage based contingency fees in employment cases

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.

2008
ACCA

Providing human resources / employment advice to SMEs: the role of SMPs

Discusses whether SMEs are reluctant to use external advisors – 76% for solicitors (page 8).

2010
Byfield Consultancy

Big Bang Report: Opportunities and threats in the new legal services marketJon Robbins

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

2010
Legal Services Research Centre

Assessing the impact of advice for people with debt problems

Barriers to seeking advice – pages 45 – 48) CAB access again (page 54 – 55).

2008
Legal Services Policy Institute

Civil Legal Aid: Squaring the (vicious) circle

Discussion of legal expectations v affordability

2010
Legal Services Research Centre

Civil Law, Social Problems and Mental Health

“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)

2009
Ministry of Justice

Access to justice: a review of the existing evidence of the experiences of minority groups based on ethnicity, identity and sexuality

BME respondents less likely to take action to address legal problems

2009
Advice Services Alliance

Towards a national strategy for public legal education

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).

2004
Legal Services Research Centre

Social Exclusion and Civil Law: Experience of Civil Justice Problems among Vulnerable Groups

19% of respondents experiencing a legal problem took no action to resolve it

2005
Citizens Advice

Geography of advice: An overview of the challenges facing the Community Legal Service

CAB advisors find it difficult to find a CLS solicitor by practice area – page 3.

2010
Solicitors Regulation Authority

Commissioned research into issues of disproportionality

61% of those who have a problem seek advice

2010
American Bar Association

eLawyering for a Competitive Advantage

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

2008
Department for Constitutional Affairs

Second survey of solicitors on their use of barristers Frontier Economics

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)

2005
Journal of Information, Law and Technology

Bearing the burden: small firms and the patent system

Report (implies) that small firms take as much advantage of the patent system as they could (page 5-6).

2010
Legal Services Research Centre

Lone Parents and Civil Justice : Their Experience of Problems and Their Advice-seeking Behaviour

High level of reaction to problems

2004
Legal Services Institute

The regulation of legal services: what is the case for reservation?

Report covers research, which that around 1 million legal problems go unresolved each year (page 13).

2011
Price waterhouse Coopers

Economic value of legal aid: analysis in relation to commonwealth funded matters with a focus on family law

In Australia turn away rates for legal services is 9.8% (page 16).

2009
Department for Constitutional Affairs

A market analysis of legal aided services provided by barristers

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).

2004
Citizens Advice

Citizens Advice service Impact report 2009/10

Report suggests an unmet need for discrimination advice (page 9).

2010
Legal Services Research Centre

Criminal offending, social and financial exclusion, and civil legal aid

In relation to money advice (not just law) many prisoners faced financial problems – and few got advice to deal with them.

2009
University College London

Legal aid and access to justice: back to basics?

Report suggests that low income groups are more likely to suffer problems and less likely to do anything about it (page 13).

2009
Lord Chancellor's department

The effectiveness of representations at tribunals Hazel Genn & Yvette Genn

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).

1989
Legal Services Research Centre

The Audacity of Justice: Recession, Redundancy, Rights and Legal Aid

Report suggests that unemployment may result in an increased number of “rights problems” (page 5).

2008
Legal Services Research Centre

Asian access to justice and reflection on four years of innovation in Japan – Tomoki Ikenaga and Keita Abe

Japanese data on unmet legal need – page 23.

2010
Department for Constitutional Affairs

A trouble shared – legal problems clusters in solicitors

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.

2006
Legal Services Board

The future of legal services: Emerging thinking

Jon Trigg – Formerly of A4e – Reports that market needs to:

2010
Legal Services Board

Improving access to justice

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.

2010
Working Together for Advice Project

Engaging clients – English as a second language

Report suggests ways of reaching out to potential clients who may not have English as their first language (not law specific).

2009
Department for Constitutional Affairs

The independent review of the Community Legal Service

Document summarises where there are gaps in CLS provision – i.e. consumer advice in some regions (page 38).

2004
Financial Services Authority

Why Regulate? HENRY THORNTON LECTURE CITY UNIVERSITY BUSINESS SCHOOL 4 NOVEMBER 1998 Howard Davies Chairman, Financial Services Authority

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

1998
Legal Services Board

Legal Advice for Small Businesses Qualitative Research

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

2010
Legal Services Research Centre

Review of research into the impact of debt advice

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.

2004
Ministry of Justice

What’s cost got to do with it? The impact of changing court fees on users

Old men are less likely to have legal representation in court proceedings (page iii).

2007
Legal Services Research Centre

Report of the 2007 English and Welsh Civil and Social Justice Survey

Use of advisers – pages 53 -60

2008
Youth Access

Rights to access: meeting young people’s needs for advice

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

2002
Legal Services Research Centre

Report of the 2006 English and Welsh Civil and Social Justice Survey

Use of advisers – pages 55 -62

2007
Law Centres Federation

Fundamental Legal Aid Review

Points out that legal aid now (2004) covers only 29% of population (page 4).

2004
Ministry of Justice - Hong Kong

Seminar on

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.

2009
Minstry of Justice Hong Kong

Demand Study Report (part 1) – Survey of Small & Medium Enterprises

Survey found that legal services were costly and unaffordable, pages 33 & 34

2007
The Law Society

The pro bono work of solicitors 2007

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

2008
Ministry of Justice

The extent and value of pro bono work provided by legal executives

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.

2008
Intellectual Property Regulation Board

Percentages of trade marks and patents applied for by unrepresented applicants

Provides table of figures for unrepresented trade mark applicants dating from 2000 to 2010

2010
National Audit Office

Solicitor Survey for Criminal Legal Aid Growth For Knowledge

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.

2009
UCL

Why the courts are as important as hospitals to the nation’s health

Reasons why people get help:
Fear of making a bad situation worse
Sense of powerlessness

2009
Ministry of Justice

The Living Together Campaign – An investigation of its impact on legally aware cohabitants

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)

2007
Legal Services Research Centre

Knowledge, capability and the experience of rights problems

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).

2010
Solicitors Regulation Authority

Consumer research study: experiences of black and minority ethnic people using solicitors in England and Wales

Just 3% of BME people are using legal services for wills and probates, compared to 14% of the general population

2009
Cardiff University

Litigants in person Unrepresented litigants in first instance proceedings Professor Richard Moorhead and Mark Sefton Cardiff University

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
Pages 15-16
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.
Page 26
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

2005
Centre for Socio-Legal Studies / University of Lincoln

International conference on litigation funding

Litigation funding only really helpful for larger (i.e.

2010
The Law Commission

Administrative redress: public bodies and the citizen

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.

2010
Bar Standards Board

Called to the Bar Statistics

More than half all barristers chambers appeared to be in London (2007 data).

2010
Touro Law Review

The tipping point on the scales of civil justice Dennis A. Kaufman

US study covers unmet legal need in US (page 388).

2009
Legal Services Research Centre

Causes of Action: Civil Law and Social JusticeThe Final Report of the First LSRC Survey of Justiciable Problems – Revised 2nd Edition

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

2006
University of Westminster

CASE ALLOCATION IN ENGLAND John Flood

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).

2005
Legal Services Corporation Office of Inspector General (US)

Utilizing GIS to Study Legal Needs Issues

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

2005
Ministry of Justice

Court experience of adults with mental health conditions, learning disabilities and limited mental capacity. Report 4: After court

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).

2010
Legal Services Board

LSB Initial consumer research – data

Seeking advice
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

2009
Legal Services Research Centre

Money Advice Outreach Evaluation: Qualitative Outcomes for Clients

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).

2008
Solicitors Regulation Authority

Consumer research study: a survey of public attitudes towards solicitors

yes, BME using a solicitor less frequently – is this due to less legal need or reluctance?

2008
Legal Services Research Centre

Targeting and access to justice: an introduction to legal aid reform in England & Wales – Pascoe Pleasance

Sharp fall in eligibility for legal aid in recent years (page 10 -11).

2001
Law & Justice Foudation of New Sourth Wales

Taking justice into custody: the legal needs of prisoners

Yes, consequences of not addressing legal needs and lack of assistance and guidance provided

2008
The Law Society

More civil justice? The impact of the Woolf reforms on pre-action behaviour

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

2002
Citizens Advice

Locked out: CAB evidence on prisoners and ex-offenders

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.

2007
Ministry of Justice

The market for “BTE” legal expenses insurance

Some scepticism about whether making a claim for legal assistance under policy would be paid out (page 28).

2007
Legal Services Research Centre

Outreach advice for debt problems: Research and evaluation of outreach services for financially excluded people.

yes, especially prisoners who fail to obtain legal advice for financial problems (only 6%)

2009
Ministry of Justice

Evaluation of the victims

State funding of 15 hours of free legal advice to deal with issues relating to sudden death of individual under victims

2008
Legal Services Research Centre

Community legal advice centre: a survey of clients in reception

Stats on ease of making an appointment – generally easy (page 27) to.

2010
Solicitors Journal

Reaching further

Suggest than emphasis on focusing provision in urban centres will harm outreach (page 36).

2010
Cardiff University

The Advice Needs of Lone Parents Richard Moorhead, Mark Sefton and Gillian Douglas

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

2004
Ministry of Justice

Scoping project on no win no fee arrangements in England & Wales

Suggested some CFA cases aren’t taken on because of the case’s risk profile (page 11). Discusses further page 12.

2009
Legal Services Research Centre

Causes of Action: Civil Law and Social JusticeThe Final Report of the First LSRC Survey of Justiciable Problems

Responses to problems – pages 49-90

2004
Solicitors Journal

What are legal aid lawyers for?

Suggests a lack of provision of advice for children (page32), even though councils are under obligation to provide them with certain services.

2010