In-person advice: Still needed
Digitally excluded consumers need law firms to maintain “meaningful offline routes” to services because “digital transformation is not inherently progressive”, a report commissioned by four legal regulators has found.
The biggest concern of consumers identified as digitally excluded with the online aspect of services was security, followed by “needing help from someone else” and privacy.
These were ranked higher than concerns that needs or requests would be misunderstood or about technical difficulties.
The report, by MEL Research, was based on responses from over 450 people identified as digitally excluded who had used legal services in the last five years, along with 30 in-depth interviews.
It was commissioned by the Bar Standards Board, the Council for Licensed Conveyancers (CLC), CILEx Regulation Ltd and the Institute of Chartered Accountants in England and Wales (ICAEW).
Three out of 10 consumers said doing things online meant it took “a little bit longer” to resolve the issue and 26% that it took “a lot longer”, while 5% said they “could not resolve the legal issue” because they had to do things online.
Some 82% were asked to complete some part of their legal service online, but only one in five managed this independently, with most relying on others or asking their provider for alternatives.
Some consumers reported that they were offered in-person help with online services (39%) or paper documents and other non-digital options (31%).
However, many participants said they were instead referred to external organisations (42%) or encouraged to rely on family or friends for assistance (40%). A small minority (6%) received no help at all.
Only 19% of those who received support directly from their legal services provider said it was offered proactively, despite most finding it valuable once given.
One positive finding was that 71% of consumers said they got a “better legal outcome” because they did things online.
Researchers recommended that legal services “offer multiple access routes, including telephone, paper, and in-person options, as standard practice”.
They should “assess digital needs early and offer support proactively, particularly for those showing signs of difficulty or disengagement” and staff training should “include awareness of digital exclusion and its links to vulnerability”.
All communication “should be clear, plain, and actionable, including legal terminology, procedural steps, and digital instructions”.
Regulators should “monitor digital accessibility as a core aspect of service quality and develop compliance measures that go beyond website functionality to include user experience and access routes”.
There was also a role for regulators to “set clear expectations around inclusive service design” and “promote a consistent set of principles” that providers should apply.
The research said digital transformation “must not be pursued at the expense of inclusion” and innovation in the legal sector “must serve the needs of all service users, not only the most confident or connected”.
The right to access justice “must not depend on someone’s ability to navigate a digital form”.
Sheila Kumar, chief executive of the CLC, said the report “comes at a crucial time as the vital move towards digitisation in legal services gathers pace” and “reminds us that understanding and meeting the needs of all clients is central to those legal services”.
Duncan Wiggetts, chief officer for professional standards at the ICAEW, which regulates accountants to do reserved probate work, added: “Probate is often a highly emotional process, and this research underlines the continuing importance of human interaction in delivering sensitive and effective support.”