Many people and businesses do not get the legal help they need. More can be done to improve access to legal services.
Why this risk matters
When a person or business needs legal help, it is important they have access to good quality, affordable legal services to help them solve their problems. If they are unable to access support this can lead to a range of poor outcomes and hinder the proper administration of justice. This can undermine trust in the profession and the justice system. It can also give the impression that legal services are for the few that can afford it.
For some people on very low incomes, public funding is available for certain legal services. And regardless of whether legal help is publicly or privately funded, people should be able to choose their legal services provider. Therefore, a competitive market, where people can choose from a range of affordable options, will support people to get the best outcome when they need legal help.
Legal needs
Over the last 18 months, 32% of people had at least one legal need, such as buying a property and family problems.
The needs experienced by different groups vary by amount and type. For example, adults with a long-standing illness or disability are more likely to have problems relating to injury or ill-health from an accident or negligence, anti-social behaviour by neighbours and financial problems. And businesses with black, Asian and minority ethnic (BAME) owners, or businesses run by people with a disability, are significantly more likely to have a legal need.
Some people are more likely to experience negative effects, such as stress, financial difficulties and harassment, because of their legal need, especially:
- people with a limiting illness or disability
- lone parents
- people on means-tested state benefits
- people running small businesses.
Changes to society, such as our aging population and more informal working practices, are likely to result in different types of legal needs.
Finding legal help
It can be hard for people to know whether their problem needs legal help and what sort of help that might be. Around 35% of people with a legal need try to resolve it on their own without any legal or professional help. And, 50% of small businesses try to resolve their legal needs alone. The two main barriers to accessing legal services are the:
- affordability of services
- lack of information.
For those that do take professional advice, 27% of people and 22% of small businesses researched the market before choosing their legal service provider. Only 2% of those that take professional advice use an online comparison website.
People want to know the price and have some indication of quality when choosing a legal service provider. But, only 18% of law firms have prices on their website. Some 61% of people using legal services speak to the firm to find out the price. People can also over-estimate the cost of services and 28% do not use a solicitor because they think that they are unaffordable. Firms could be losing new business if their prices are not readily available.
Using legal services
Conveyancing and will writing are the most commonly used legal services, followed by power of attorney. There are regional variations in the use of legal services. For example, people in London are more likely to use immigration and housing services and are less likely to use will writing and probate services compared with average use across England and Wales.
The way services are delivered is changing, with more people expecting fixed fees and online delivery. But there is still a strong preference for local services, meaning smaller firms are well placed to meet the needs of their communities.
The market is steadily growing and diversifying, which is leading to greater choice for people and small businesses. For example, our impact evaluation of alternative business structures (ABSs) and multi-disciplinary practices (MDPs) shows that people are benefiting from their services. ABSs are more likely to innovate than other firms and increased competition should lead to more choice. And MDPs may appeal to small businesses so that they can find their professional services under one roof.
Spotlight on technology to create more accessible services
Technology means the public can access legal help in novel ways, often costing them less than traditional legal help. And it gives firms chances to offer their services differently and more efficiently, and potentially reach new markets. Firms offering these services should be mitigating any associated risks, such as cybersecurity and information security.
There are several digital services that can help people with problems before or after getting professional legal advice, such as those that help people make claims and complete legal documents and forms.
For businesses negotiating contracts or dealing with litigation, there are a range of tools. For example, there are artificial intelligence (AI) systems that support litigation processes and contract drafting.
These types of programmes work on routine tasks. They free up lawyers' time for more complex work and to meet with clients and potential clients. They can help to improve access for all legal services users, particularly those in rural areas (with internet access) as well as those on low incomes or in situations that increase their vulnerability.
What solicitors and firms can do
Many solicitors and firms are improving access by competitive costing and innovative service delivery, such as automating some services.
To address the barriers to accessing legal services, solicitors and firms can:
- share more information about services and prices online, and with relevant organisations that support people with legal needs, so it will reach a wide variety of people
- keep information clear and concise so it is easy to understand
- help people understand services and prices by training staff that deal with enquiries from the public
- tell people about the Legal Choices website, which offers information on the different types of legal help available
- ask for feedback about how the information has been presented to see if it can be improved.
Spotlight on research about better information
Our independent research has found people make better choices when they can see the price of a service up-front. It also found that, when choosing a provider, the most important factors are their reputation and the price. Firms that advertise their prices say it helps people to understand their services and attracts more clients.
A second piece of independent research found that people valued regulation and were more likely to choose a provider whose website included a ‘regulated by the SRA' badge. It also found that people are willing to weigh up price and regulatory protections, such as access to the Legal Ombudsman and our Compensation Fund.
We also commissioned further independent research about how clear legal costs could help small businesses access legal services.
What we are doing
We work with others to understand how to best help improve access to legal services. For example, the Legal Choices website helps people to better understand the problems that may need professional legal advice and how they can resolve them. We work jointly with the other legal regulators to run and develop the website, liaising with advocacy groups and the public to make sure it meets people's needs. We have also been working with the Commission on Justice in Wales to support their work on access to justice.
Regulatory reform
We are making it easier for people to choose the legal service they need by sharing our information and requiring firms to provide more information. We are introducing a wide package of reforms. And our Better information, more choice proposals will require firms to publish information on prices and what this covers for a range of legal work. This information will help people find legal services that better meets their needs and should also encourage competition.
We will develop an SRA digital badge for use on firms' websites, which links to a digital register to help the public understand who we regulate and the protections that come with it. The digital register will also include information about the disciplinary action we have taken against a firm or person. We will also publish market-level data on complaints made to firms.
Our Looking to the Future proposals will introduce:
- new, clear principles that solicitors must follow
- a short Code of Conduct for individuals and firms
- less prescriptive Accounts Rules
- more flexibility in how solicitors can practise, including allowing:
- solicitors to practise reserved legal activities on an individual freelance basis
- non-authorised businesses to employ solicitors to offer non-reserved activities to the public.
We believe our reforms will allow more growth and innovation, while maintaining high standards and public protection for those that need it most.
We have consulted on changes to make sure people get the right level of protection when using a solicitor or firm.
- Our professional indemnity insurance (PII) proposals will give firms more flexibility to choose the right level of insurance to suit their business and clients.
- Our Compensation Fund proposals are designed to make sure financial support is focused on those most in need of help.
And, in turn, people should benefit from a more competitive marketplace and increased choice.
Educational reform
The Solicitors Qualifying Examination (SQE) will mean that future solicitors will all have to meet the same standard regardless of their training route. It will also help support diversity in the profession; helping people to find a solicitor who understands their community and problems.
And our training requirements will be more flexible when the SQE is introduced. This may mean that university law clinics and other places where the public can access support might expand their reach, as law students will be able to use a wider range of work experience to prepare for the SQE.
SRA Innovate
Our SRA Innovate initiative can provide a safe space for firms who want to provide new services in new ways that could benefit the users of legal services. We have also launched a new policy, so we can grant waivers to our rules if a firm's idea is in line with our regulatory objectives and has a public benefit.
We will evaluate the impact of all our proposed changes to understand if access to legal services has improved. And we will publish the results to help firms understand how their services can improve access to legal services.
Case example: Innovation Space allows solicitor to provide legal services in an unregulated business
We allowed a solicitor to offer legal services in a business that was not regulated by us or by another legal regulator. We did this by granting them a waiver to one of our rules. The services the business offers are non-contentious employment matters and commercial legal advice for families employing domestic help. It also advises domestic staff, so they understand their working rights and make sure they are treated fairly.
Without the waiver, the business would have to outsource legal services, which results in a disjointed customer experience and potentially extra costs for domestic staff and their employers. The business is piloting these services in our Innovation Space.