The legal aid crisis: Three potential solutions

The legal aid crisis: Three potential solutions

老司机午夜福利 recently released a new report looking at the local authorities throughout England and Wales with the highest demand for legal aid and the least access to it. The research looked at legal aid deserts specifically at housing, family and criminal legal need and supply.

The results of the study outlined the very real and ongoing problem that the UK is facing - a severely underfunded legal aid system, which is particularly prominent in rural areas. 

We spoke with a number of legal aid leaders and on-the-ground practitioners to get their thoughts on the biggest challenges - and the biggest solutions - that our legal aid deserts report has outlined.

1) Increased government funding

Money is the single biggest challenge facing our legal aid system, according to LawWorks CEO, Rebecca Wilkinson, who believes the best answer to reducing the number of legal aid deserts across the UK is to inject more government funding into the system in the same way it does for healthcare.

鈥淚f you want a robust system that works for everyone, regardless of their geography, postcode or type of legal need 鈥 these things cost money.鈥 

Legal aid is an area that has been consistently cut over the years and access is becoming increasingly challenging. While non-profit organisations exist to try to change this, such as the Free Representation Unit (FRU), there are still thousands of individuals who can鈥檛 access a sufficient justice system in their time of need. 

CEO of FRU, David Abbott, says:

鈥淓ach day, FRU receives calls from these and other areas where there is no local source of legal help and we can't help. But early legal advice can not only reduce personal stress, it actually saves the economy money.鈥

"The lack of access to early legal advice is demonstrated when the FRU represents clients in legal hearings. Litigants in person make incorrect applications whilst other legitimate claims have been missed. This slows down the court process and prevents clients from accessing justice."

Government investment in legal aid actually has the potential to have a positive impact on the economy. According to a report by the , every 拢1 invested in legal aid will give you a greater return. For instance, housing advice has the potential to save the state 拢2.34, while debt advice can save 拢2.98, employment advice can save 拢7.13, and social welfare entitlements can save 拢8.80.

2) Pro bono work

When discussing pro bono, Wilkinson is quick to make clear its function, in her view, is to support the existing legal aid system - not to replace it. "Pro bono is an addendum to legal aid," says Wilkinson. "It is not time to replace legal aid. The amount of pro bono work versus the amount of legal aid needed are incomparable." 

However, pro bono work can make a huge difference to people's live - especially those living in legal aid deserts, she points out. "Just half an hour of a solicitor's time can make a huge difference to people's lives."

老司机午夜福利鈥 Director Global Legal, James Harper, says that lawyers have a duty to leverage their unique set of skills and understandings to make a real difference for people that can鈥檛 access free legal aid, and potentially change the lives of those people. 

"The things that are so easy for a lawyer to do, those skills which are just innate, are so incredibly valuable and out of reach to many people.  For example, the ability to look through a bundle of paperwork and make some sense of it without feeling overwhelmed 鈥 that is a skill which is natural for a lawyer but alien to so many in society.  It is something I have done when volunteering in free legal advice clinics 鈥 I may have had no expert knowledge of the relevant law, but I can sort through stuff and bring sense where there鈥檚 lots of words and numbers.  I believe that I owe it to people to use my skills to make a difference."

Wilkinson says that she continues to witness the increasing awareness of the impact that pro bono work can have amongst the legal community.

"Most of the lawyers we work with are commercial lawyers. They have the skillset because of their training and their knowledge of the legal system to really help people who can't access legal support. If you've got these skills, let's find a way to hone them and utilise them." 

Some of the work currently include:

  1. Arnold & Porter

  2. Latham & Watkins

  3. DLA Piper

  4. Weil Gotshal & Manges

  5. Dechert

  6. Reed Smith

  7. Hogan Lovells

  8. Shearman & Sterling

  9. Orrick Herrington & Sutcliffe

  10. Freshfields Bruckhaus Deringer

3) Private funding

Another option to ease the legal aid workload is for large corporates to help fund legal aid. Huge companies sponsor sports teams and events, and work with various charities to contribute towards society 鈥 yet legal aid is often overlooked.

But what if businesses of all shapes and sizes started to invest more into charities that supported their local legal aid systems? The possibilities would be endless. 

Find out more about the legal aid crisis and the areas within the UK that are most affected in .


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About the author:
Pryanka leads marketing for the bar and academic communities at 老司机午夜福利 UK. Having graduated with a Bachelor of Laws, she developed a passion for the rule of law 鈥 the underlying purpose of the business, and now helps customers maximise their skills and reach by making the most of their legal technology solutions. Pryanka joined the 老司机午夜福利 team in 2014, and has taken on a number of roles across HR, internal communications at 老司机午夜福利 and parent company RELX, and most recently, in strategy.