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The pandemic acted as a catalyst for digital adoption. People who had resisted the rising demand to shop online, or download Zoom, or even buy a smartphone became digital advocates almost overnight. The same trend took place across the nation's legal system, with the majority of court proceedings taking place virtually to get through a backlog - or prevent a backlog - of cases.

All this helped to prove one thing - the legal system operate remotely - which opens up the door to a wealth of new possibilities.  

A new dives into crime, housing and family legal aid deserts in England and Wales, and findings show that a significant portion of the population are living in such areas, and that the majority of these deserts are in rural locations.

The report identifies legal aid deserts by dividing the supply of legal aid of a local authority with the local need, anything less than 10% was considered a desert. The report uncovered some stark figures, such as 12.45m people living in legal aid deserts for housing, and that there are only 0.89 crime legal aid providers per 1,000 incidents in the five best-served local authorities.

Investigating the possibility of virtual legal services to rural locations

As the pandemic has driven the shift from office to remote-based work globally, more people have become more open to the idea of providing and receiving legal services remotely. For example, courts have conducted virtual hearings, and the change looks like it’s here to stay. 

Non-profit charity organisation, LawWorks already offers virtual legal pro bono work, and is actively recruiting barristers and lawyers to volunteer to keep up with the growing demand for legal aid, especially in rural areas where individuals are more likely to be living in legal aid deserts. 

We investigate how remote legal advice and support would work for people who qualify for legal aid:

The pros 

There are many positives to providing legal aid remotely…

Increased access to those who need it

In line with the above findings from the ��˾����ҹ���� legal aid deserts report, more people than ever need adequate access to legal aid services, whether that’s for housing, family or crime-related matters, but they just don’t have access to it.

This is often due to the individual not having enough or the right legal support in the local authority in which they live. Whatsmore, if it is available, it’s then increasingly hard to actually qualify for the help on offer. James Harper, Director Global Legal at ��˾����ҹ���� says:

“Legal aid has been consistently cut for some time, to the point where very few people in very few types of cases now qualify as being able to receive it.”

Offering civil legal aid via virtual channels means that those who do qualify can actually receive support, regardless of their geographical location. 

Reduce travel obstacles

One of the key advantages of remote work is eliminating the commute from home to the office, and this applies both ways. 

While lawyers do not need to drive to an office to see a client, the client also does not need to drive to the lawyer's office to meet the lawyer – it’s a win-win. In addition, everybody is saving money, meaning that the firm can spend more money, time and resources helping clients in need instead of time and money travelling.

For the client, they now don’t need to worry about the financial element of physically visiting a firm and the cost of travelling to either a local or far away clinic. 

Improved expertise

For individuals, having access to a national pool of lawyers can be a huge advantage. Every barrister has a different set of expertise and experience, meaning that improved expertise is on offer. 

This is also good for lawyers wanting to do pro bono work, as it enables more lawyers to do pro bono work, as they can offer their services on a national, rather than a local level. 

The cons

While there are many positives to offering remote and volunteer-led legal aid services, it doesn’t come without its pitfalls…

It’s not always appropriate

In some cases, it can be extremely inappropriate to provide legal aid services remotely. For example, in family-related cases that involve children, such as delivering bad news surrounding custody, it can be more upsetting to give this news over a phone or via a computer screen.

However, in other cases, virtual support might be better. For example, a domestic abuse victim may be putting themselves at greater risk by visiting a clinic in person so a virtual meeting is better for them.

It can be impersonal 

Trying to form and grow a relationship with a client in need over the phone or via a screen can be a challenge, whereas in-person meetings facilitate much quicker and more organic relationship building.

It’s also harder for lawyers to grasp the whole story through a screen. Subtle body language cues may not be noticeable, which would otherwise be more visible and obvious in person. 

Individual firms need to make their own informed decision on whether remote volunteering is right for them. But the evidence heavily suggests that where possible, lawyers should be leveraging this cultural shift toward digital channels to support their pro bono work, and provide their services further afield. 

If you’d like to learn more about legal aid deserts, and how big a part geographical location plays in receiving legal aid, .