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The growing usage of apps meant it was only a matter of time until they would find their way into legal education. Following up on a previously published article on LaaS – Law as a Service, this post discusses different ways that apps can be included into the law degree curriculum.

1 Changing legal education through the use of apps

There are different ways in which apps can be used in legal education in order to better prepare students for the legal profession. In this post we suggest three different possibilities for the usage of apps, reflecting different pedagogical styles and learning outcomes. What each of the suggestions has in common is to bring legal education closer to the real-life work of lawyers.

Through identifying aspects in which we perceive legal education as lacking quality or quantity, we apply and implement these to our suggestions for changed legal education. The aspects we view as lacking are: identifying and managing risks, the interaction between different areas of law, and proactive problem-based learning. To take each of these briefly in turn:

  • managing risks is something that practicing lawyers and other legal service professionals must do on a daily basis. Law is not only about applying legal rules but also about weighing options, estimating possible outcomes and deciding upon which risks to accept. Legal education has not traditionally included this in the curriculum, and students have arguably very little experience of such training in their studies.
  • interaction between different areas of law is often hard to incorporate in legal studies, which follow a block or module structure. Each course provides students with in-depth knowledge of that particular legal area. However, the interaction between such modules is lacking, with teachers often unaware of the content of preceding or succeeding courses. For students, a problem with this module structure can be that they forget the content of a course studied at an earlier stage in their education.
  • problem-based learning is generally encouraged and applied in legal education. However, most problem-based learning (PBL) is reactive, asking students to evaluate the legal consequences of a scenario that has already played out, instead of training students purely in after-the-fact solutions, in other words “clearing up the legal mess.” PBL should be made more proactive, aiming to train students in identifying and counteracting problems before they arise. This can also be viewed as an implementation of the first aspect, managing risks.

In aiming to include these aspects in legal education, we view technology as playing an important role. Perhaps ideally, the whole legal education could be re-structured in order to include such practical aspects that reflect the current legal profession; however, such change is perhaps too complex and viewed as somewhat unnecessary by those who are able to make such changes - if it ain’t broke, don’t fix it, as the saying goes. An app is not necessarily the sole possible implementation method, but it serves as an example of how these aspects can relatively easily be brought within legal education.

The first teaching approach looks at legal aspects of apps themselves, where the apps are viewed as objects within law. Here students are provided with a set problem and are encouraged to consider how different areas of law may apply to the app in question, and how the various areas impact on each other. This approach implements both PBL and the interaction of different legal fields. Proactiveness may also be included by asking students to identify legal risks of the app, and how such risks could by reduced through the use of law.

The second approach brings together technology and law, and is as such a suitable suggestion for inclusion in a legal informatics course, or as part of more general jurisprudence. Students are given the task of developing a legal service app, and thus must implement law through a technological tool. Students must first identify a need for a service within an area of law of their choosing, and then develop an app which provides the service. This approach implements both PBL and proactiveness, and can also require students to consider both legal and technical risks.

The third approach aims to add value to the legal education as a whole, by making available an app to students to be used alongside teaching, complementing the existing education. Students are provided with the opportunity to test their knowledge, and combine different areas of study through interactive learning. Depending on the design of the app, this approach has the possibility of implementing all aspects: PBL, interaction of legal fields, and proactiveness or risk management.

2 Legal aspects of apps

Legal education in many countries around the world is set up as linear blocks of different legal fields and subject areas. As law is often divided into various sub-fields--such as private law, public law, administrative law, environmental law, or information technology law--it appears only natural to discuss and teach the subjects one by one. The amount of material to be learned by the student would otherwise be overwhelming. While in some countries, exams might encompass multiple fields of law, subjects are being taught in a consecutive order.

Though the pedagogical reasons for the linearity in legal education are convincing, some improvements are still possible. One idea that we would like to discuss here are legal aspects of apps that intertwine different legal fields and challenge the students to analyze one particular phenomena from various different legal angles. We are not suggesting any particular fora for this exercise; these might stretch from traditional in-class seminars to online e-learning platforms to a mixture of the two and be included in law school curricula either as compulsory or selective modules.

Apps and information communication technologies, in general, do not adhere to geographical, physical or time related boundaries. They inherently challenge the traditional legal system based on bricks and mortar. In this regard they are, therefore, well-suited for legal analysis.

Another reason to use apps as the object for analysis by students is their popularity among the younger (and older) generation and therefore the close relationship students have to them to start with. As an example, one can compare it to using Facebook when discussing privacy, as opposed to showing a large company’s employee database.

In order to reflect the real-life experience of the exercise even more, the students would be allocated a certain expert area. As at law firms, one student would be an expert in intellectual property rights, another in contract law, another in privacy, international law, consumer rights issues, etc.

The students would --from the perspective of their expert area--firstly investigate possible legal issues with a specific gaming app, for example. They would analyze the application of the rules and norms within their field and identify potential conflicts or loopholes within these rules. Their investigation would include testing the app itself, as well as looking at possible end-user agreements and other applicable contractual agreements between the user, the app store and the developer of the app.

The next step would be to identify and discuss possible overlaps, discrepancies and conflicts between the different areas of law in relation to the app. The exercise should result in a written and/or oral report of the different legal issues involved and solutions to potential conflicts between the law and the app.

Adding another layer of real-life scenario, each group could be asked to present their findings to an imaginative client who is the producer of the app. This simulation would allow the students not only to develop a legal analysis based on correlating fields of law but also to present the analysis to non-lawyers, translating legal jargon into understandable everyday language.

The exercise--analyzing an existing app--very much fits into the idea often conveyed in legal education that law is applied after an incident occurs. In order to add a level of proactivity, students could be asked to analyze an app under production, before it is launched. This would guarantee more proactive thinking by the students asking them to foresee potential conflicts and avoid them, rather than discussing legal issues after they have arisen.

While the exercise as such might not be a revolutionary idea, we think that the increased inclusion of such exercises in legal education would contribute to better preparation of students for their life as young lawyers.

3 Law’s implementation in apps

While the previous exercise fits well within the traditional legal education by asking students to deliver a legal analysis, a topic less discussed in undergraduate legal studies is how to employ technology for delivering law. With a few exceptions, students generally focus on analyzing the law rather than implementing law in technology.Change Priorities

Until several years ago legal analysis was the main business for lawyers, so legal education well reflected the profession. In the last few years, however, legal services delivered via and as technology have increased and opened up a new market for lawyers and legal professionals. This change should be reflected in legal education in order to prepare students for their future.

While the idea is not to replace lawyers with apps or software, an app or another technology could either help lawyers in their working tasks or deliver law as a valuable service for consumers, citizens, companies or organizations. Examples of such apps, both for lawyers and end-users, are mentioned in a post at iinek’s blog and Slaw; shorter lists can be found on iinek’s Delicious page and the iPad4lawyers blog.

In the exercise, students would look at law from a different perspective, i.e. how legal regulations affect the individual or organization. Going away from a linear text approach, students would have to translate law into a format that users or apps can read. In other words, law would have to suit the user/app, and not the other way around. Students would, therefore, have to go beyond text and translate rules into flowcharts, diagrams, mind maps and other visual tools in order for the app to be able to follow the law’s instructions.

Implementing legal rules into technology, therefore, not only encourages students to think proactively but it also motivates them to identify solutions for the application of the law and how rules could be transformed into practice. From a pedagogical point of view the exercise would allow the students to think about different aspects of law beyond the traditional case or contract. It would also encourage a wider viewpoint of law as a tool in society.

Again, how the exercise is included in the curriculum is a matter of taste. Technical assistance is of importance, in order for students to know what aspects to take into account and what schematics developers need in order to be able to create an app. The exercise could be set up as a competition (Georgetown Law School - Iron Tech Lawyer) with an expert jury consisting of practicing lawyers and developers.

4 Legal education as an app

Talking about legal education as an app can have different meanings. While legal apps (for lawyers and individuals) and educational apps are rather common these days, legal educational apps are not so developed, yet.Puzzle

Legal education, as mentioned, is traditionally taught in blocks or modules, with very few references and links between them. This setup clearly has its benefits, not least logistically. There are clear arguments in favor of such an approach; planning and studying becomes easier for teachers and students alike, time limitations mean that implementing an approach that makes connections between each subject is hard. This is where we believe that technology has the potential to play an important role. Technology is not bound to physical classrooms and attendance requirements of students or teachers. It has the ability to be accessed at a time of the student’s choosing, without placing additional demands on instructors.

A legal education app could provide the key in aiding students to make connections between their study areas; it could be made to fit alongside a law degree, assuming a student’s knowledge in sync with their level of study, by including content from both current and past courses. The app would offer an easy way to implement an interactive, problem-based learning approach. It could provide additional content, quizzes, exercises, social media functions etc. complementing the education and enabling a holistic perspective.

Although no teacher-student relationship is required here, clearly pedagogical thinking would need to play a strong role so that a worthwhile learning environment for the individual could be created. Much time and effort would need to be invested in planning, and the application itself would need to be flexible to adjust to different study plans and so forth. Another issue is, of course, who would make the app. As curricula vary from law school to law school, and jurisdiction to jurisdiction, such an app is ideally built by those who know the curriculum. Such “in-house” expertise also means that potential bias from outside factors should be avoided.

Legal apps have already been introduced to help lawyers study for qualifying exams, e.g. BarMax. (These are often, however, still very topic-specific.) Implementing the same kind of thinking at the educational level would start to prepare students for their future workplace, allowing them to be better prepared for helping clients with real-world scenarios dealing with complex and interrelating legal issues. If students begin such thinking at the beginning of their legal studies, it becomes normal, arguably allowing for better educated graduates.

This last approach is perhaps a little future-oriented (although not as much as, for example, grading by technology), and it is of course not easy to implement at the university level; academics must work together with app developers to produce a tool of real value to students. However, even a slimmed-down version of such an app can be a tool for helping students prepare for exams, test their knowledge of legal areas, or simply make sure that they have understood concepts covered in teaching. Some examples of such implementations in legal education are shown here.

5 Conclusions

There is no doubt that apps are the future for legal services. To what extent they will be included in legal education is yet to be decided. Here we have shown three differing approaches that could help in this regard. Implementation of any or all of these would bring in aspects that are currently lacking in legal education.

Rather often discussions on technology and legal education focus on e-learning and online teaching environments. In our opinion, traditional offline exercises and their pedagogical value should not be underestimated, with technology offering an excellent platform as an object, tool or companion during legal education and life as a lawyer.

6 Sources

Christine KirchbergerChristine Kirchberger is a doctoral candidate & lecturer in legal informatics at the Swedish Law and Informatics Research Institute (IRI). Her research focuses on legal information retrieval, the concept of legal information within the framework of the doctrine of legal sources and also examines the information-seeking behaviour of lawyers. Christine blogs at iinek.wordpress.com and can be found as @iinek on Twitter.

Pam StorrPam Storr is a lecturer at the Swedish Law and Informatics Research Institute (IRI), and course director for the Master Programme in Law and Information Technology at Stockholm University. Her main areas of interest are within information technology and intellectual property law. Pam is the editor for IRI’s blog, Blawblaw, and can be found as @pamstorr on Twitter.

 

VoxPopuLII is edited by Judith Pratt. Editors-in-Chief are Stephanie Davidson and Christine Kirchberger, to whom queries should be directed. The information above should not be considered legal advice. If you require legal representation, please consult a lawyer.

In May of this year, HeinOnline began taking a new approach to legal research, offering researchers the ability to search or browse varying types of legal research material all related to a specialized area of law in one database. We introduced this concept as a new legal research platform with the release of World Constitutions Illustrated: Contemporary & Historical Documents & Resources, which we’ll discuss in further detail later on in this post. First, we must take a brief look at how HeinOnline started and where it is going. Then, we will continue on by looking at the scope of the new platform and how it is being implemented across HeinOnline’s newest library modules.

This is how we started...
Traditionally, HeinOnline libraries featured one title or a single type of legal research material. For example, the Law Journal Library, HeinOnline’s largest and most used database, contains law and law-related periodicals. The Federal Register Library contains the Federal Register dating back to inception, with select supporting resources. The U.S. Statutes at Large Library contains the U.S. Statutes at Large volumes dating back to inception, with select supporting resources.

WhereBeen

This is where we are going...
The new subject-specific legal research platform, introduced earlier this year, has shifted from that traditional approach to a more dynamic approach of offering research libraries focused on a subject area, versus a single title or resource. This platform combines primary and secondary resources, books, law review articles, periodicals, government documents, historical documents, bibliographic references and other supporting resources all related to the same area of law, into one database, thus providing researchers one central place to find what they need.

WhereWeAreGoing

How is this platform being implemented?
In May, HeinOnline introduced the platform with the release of a new library called World Constitutions Illustrated: Contemporary & Historical Documents & Resources. The platform has since been implemented in every new library that HeinOnline has released including History of Bankruptcy: Taxation & Economic Reform in America, Part III and Intellectual Property Law Collection.

Pilot project: World Constitutions Illustrated
First, let’s look at the pilot project, World Constitutions Illustrated. Our goal when releasing this new library was to present legal researchers with a different scope than what is currently available for those studying constitutional law and political science. To achieve this, the library was built upon the new legal research platform, which brings together: constitutional documents, both current and historical; secondary sources such as the CIA’s World Fact Book, Modern Legal Systems Cyclopedia, the Library of Congress’s Country Studies and British and Foreign State Papers; books; law review articles; bibliographies; and links to external resources on the Web that directly relate to the political and historical development of each country. By presenting the information in this format, researchers no longer have to visit multiple Web sites or pull multiple sources to obtain the documentary history of the development of a country’s constitution and government.

Inside the interface, every country has a dedicated resource page that includes the Constitutions and Fundamental Laws, Commentaries & Other Relevant Sources, Scholarly Articles Chosen by Our Editors, a Bibliography of Select Constitutional Books, External Links, and a news feed. Let’s take a look at France.

France

Constitutions & Fundamental Laws
France has a significant hierarchy of constitutional documents from the current constitution as amended to 2008 all the way back to the Declaration of the Rights of Man and of the Citizen promulgated in 1789. Within the hierarchy of documents, one can find consolidated texts, amending laws, and the original text in multiple languages when translations are available.

FranceConstitutions

Commentaries & Other Relevant Sources
Researchers will find more than 100 commentaries and other relevant sources of information related to the development of the government of France and the French Constitution. These sources include secondary source books and classic constitutional law books. To further connect these sources to the French Constitution, our Editors have reviewed each source book and classic constitutional book and linked researchers to the specific chapters or sections of the works that directly relate to the study of the French Constitution. For example, the work titled American Nation: A History, by Albert Bushnell Hart, has direct links to chapters from within volumes 11 and 13, each of which discusses and relates to the development of the French government.

Commentaries

Scholarly Articles Chosen by Our Editors
This section features more than 40 links to scholarly articles from HeinOnline’s Law Journal Library that are directly related to the study of the French Constitution and the development of the government of France. The Editors hand-selected and included these articles from the thousands of articles in the Law Journal Library due to their significance and relation to the constitutional and political development of the nation. When browsing the list of articles, one will also find Hein’s ScholarCheck integrated, which allows a researcher to view other law review articles that cite that specific article. In order for researchers to access the law review articles, they must be subscribed to the Law Journal Library.

ScholarlyArticles

Bibliography of Select Constitutional Books
There are thousands of books related to constitutional law. Our Editors have gone through an extensive list of these resources and hand-selected books relevant to the constitutional development of each country. The selections are presented as a bibliography within each country. France has nearly 100 bibliographic references. Many bibliographic references also contain the ISBN which links to WorldCat, allowing researchers to find the work in a nearby library.

Bibliography

External Links
External links are also selected by the Editors as they are developing the constitutional hierarchies for each country. If there are significant online resources available that support the study of the constitution or the country’s political development, the links are included on the country page.

ExternalLinks

News Feeds
The last component on each country’s page is a news feed featuring recent articles about the country’s constitution. The news feed is powered by a Google RSS news feed and researchers can easily use the RSS icon to add it to their own RSS readers.

NewsFeed

In addition to the significant and comprehensive coverage of every country in World Constitutions Illustrated, the collection also features an abundance of material related to the study of constitutional law at a higher level. This makes it useful for those researching more general or regional constitutional topics.

Searching capabilities on the new platform
To further enhance the capabilities of this platform, researchers are presented with a comprehensive search tool that allows one to search the documents and books by a number of metadata points including the document date, promulgated date, document source, title, and author. For researchers studying the current constitution, the search can be narrowed to include just the current documents that make up the constitution for a country. Furthermore, a search can be generated across all the documents, classic books, or reference books for a specific country, or it can be narrower in scope to include a specific type of resource. After a search is generated, researchers will receive faceted search results, allowing them to quickly and easily drill down their results set by using facets including document type, date, country, and title.

ConstitutionSearch

Contributing to the project
An underlying concept behind the new legal research platform is encouraging legal scholars, law libraries, subject area experts, and other professionals to contribute to the project. HeinOnline wants to work with scholars and libraries from all around the world to continue to build upon the collection and to continue developing the constitutional timelines for every country. Several libraries and scholars from around the world have already contributed constitutional works from their libraries to World Constitutions Illustrated.

Extending the platform beyond the pilot project
As mentioned earlier, this platform has been implemented in every new library that HeinOnline has released including History of Bankruptcy: Taxation & Economic Reform in America, Part III and Intellectual Property Law Collection. Therefore, it’s necessary to briefly take a moment to look at these two libraries.

History of Bankruptcy: Taxation & Economic Reform in America, Part III
The History of Bankruptcy library includes more than 172,000 pages of legislative histories, treatises, documents and more, all related to bankruptcy law in America. The primary resources in this library are the legislative histories, which can be browsed by title, public law number, or popular name. Also included are classic books dating back to the late 1800’s and links to scholarly articles that were selected by our editors due to their significance to the study of bankruptcy law in America.

Bankruptcy

As with the searching capabilities presented in the World Constitutions Illustrated library, researchers can narrow a search by the type of resource, or search across everything in the library. After a search is generated, researchers will receive faceted search results, allowing them to quickly and easily drill down their results set by document type, date, or title.

banksearch.png

Intellectual Property Law Collection
The Intellectual Property Law Collection, released just over a month ago, features nearly 2 million pages of legal research material related to patents, trademarks, and copyrights in America. It includes more than 270 books, more than 100 legislative histories, links to more than 50 legal periodicals, federal agency documents, the Manual of Patent Examining Procedure, CFR Title 37, U.S. Code Titles 17 & 35, and links to scholarly articles chosen by our Editors, all related to intellectual property law in America.

IntellectualProperty

Furthermore, this library features a Google Patent Search widget that will allows researchers to search across more than 7 million patents made available to the public through an arrangement with Google and the United States Patent and Trademark Office.

GooglePatents

Searching in the Intellectual Property Law Collection allows researchers to search across all types of documents, or narrow a search to just books, legislative histories, or federal agency decisions, for example. After a search is generated, researchers will receive faceted search results, allowing them to quickly and easily drill down their results set by using facets including document type, date, country, or title.

SearchIP

HeinOnline is the modern link to legal history, and the new legal research platform bolsters this primary objective. The platform brings together the primary and secondary sources, other supporting documents, books, links to articles, periodicals, and links to other online sources, making it a central stop for researchers to begin their search for legal research material. The Editors have selected the books, articles, and sources that they deem significant to that area of the law. This is then presented in one database, making it easier for researchers to find what they need. With the tremendous growth of digital media and online sources, it can prove difficult for a researcher to quickly navigate to the most significant sources of information. HeinOnline’s goal is to make this navigation easier with the implementation of this new legal research platform.

BaranichMarcie Baranich is the Marketing Manager at William S. Hein & Co., Inc. and is responsible for the strategic marketing processes for both Hein's traditional products and its growing online legal research database, HeinOnline. In addition to her Marketing role, she is also active in the product development, training and support areas for HeinOnline. She is an author of the HeinOnline Blog, Wiki, YouTube channel, Facebook, and Twitter pages, and manages the strategic use of these resources to communicate and assist users with their legal research needs.

VoxPopuLII is edited by Judith Pratt.

Editor-in-Chief is Robert Richards, to whom queries should be directed.

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This post explores ways in which information technology (IT) can enhance access to justice. What does it mean when we talk about "the access to justice crisis," and how can information technology help to resolve it? The discussion that follows is based on my 2009 book, Technology for Justice: How Information Technology Can Support Judicial Reform, particularly Part 4, on the role of information and IT in access to justice.

The normative framework for access to justice

International conventions guarantee access to a court. Everyone is entitled to a fair and public hearing by an independent tribunal in the determination of their civil rights and obligations or of any criminal charge against him or her, according to The International Covenant on Civil and Political Rights (article 14) and regional conventions like the The European Convention on Human Rights (article 6). In practice, the normative framework for access to justice does not provide us with clearly defined concepts.

The major barriers to access to justice identified in the scholarly literature are:

  • Distance, which can be a factor impeding access to courts. In many countries, courts are concentrated in the main urban centers or in the capital.
  • Language barriers, which are present when justice seekers use a language that is different from the language of the courts.
  • Physical challenges, like impaired sight and hearing and motor and cognitive impairments; these as a barrier to access are an emerging topic in the debate on technology support in courts.

These first three factors are all relatively straightforward and do not strike at the heart of the legal process.

  • Cost, for instance lawyers’ fees, court fees and other components of the price of access to justice, in many forms, has been identified as a factor affecting access to courts. However, cost is extremely hard to research and subject to a lot of ramifications. Because of this complexity, cost will not be discussed directly in this post.
  • Lack of information and knowledge, lack of familiarity with the court process, the complexity of legal and administrative systems, and lack of access to legal information are commonly identified factors (Cotterrell, The Sociology of Law p. 251; Hammergren, Envisioning Reform: Improving Judicial Performance in Latin America, p. 136). They are related because they all refer to the availability of information. They are the starting point for our discussion.

Potentially, information on the Internet can provide some form of solution for these problems, in two ways. First, access to information can support fairer administration of justice by equipping people to respond appropriately when confronted with problems with a potentially legal solution. Access to information can compensate, to some extent, for the disadvantage one-shotters experience in litigation, thereby increasing their chance of obtaining a fair decision. Second, the Internet provides a channel for legal information services, although experience with such online service provision is limited in most judiciaries. The discussion here will therefore focus on access to legal information and knowledge. Lack of information and knowledge as a barrier to access to justice is the focus for discussion in the first few paragraphs. The first step is to identify the barriers.

Knowledge and information barriers to access to justice

What are the information barriers individuals experience when they encounter problems with a potentially legal solution? We need empirical evidence to find an answer to this question, and fortunately some excellent research has been done, which may help us. In the U.K., Hazel Genn led a team that researched what people do and think about going to law. Their 1999 report is called Paths to Justice. A similar exercise led by Ben van Velthoven and Marijke ter Voert in The Netherlands, called Geschilbeslechtingsdelta 2003 (Dispute Resolution Delta 2003), was published in 2004. Although there are some marked differences between them, both studies looked at how people deal with “justiciable problems”: problems that are experienced as serious and have a potentially legal solution. Analysis of empirical evidence of people and their justiciable problems in England and Wales and The Netherlands produced the following findings with regard to these barriers:

  • Inaction in the face of a justiciable problem because of lack of information and knowledge occurs in a small percentage of cases.
  • Unavailability of advice negatively affects dispute resolution outcomes. It lowers the resolution rate. Cases in which people attempted to find advice were resolved with a higher rate of success than those of the self-helpers.
  • Respecting the inability to find advice: If people go looking for advice, the barriers to finding it have more to do with their own competencies, such as confidence, emotional fortitude, and literacy skills, than with the availability of the advice. In the United Kingdom, about 20 percent of the population is so poor at reading and writing that they cannot cope with the demands of modern life, according to data from the National Literacy Trust. In The Netherlands, the percentage of similarly low literacy is estimated at about 10 percent, according to data from the Stichting Lezen en Schrijven, the Reading and Writing Foundation.
  • Respecting incompetence in implementing the information received: Different competence levels will affect what can be done with information and advice. Competencies in implementing the information received include, for example, skills such as working out what the problem is, what result is wanted, and how to find help; simple case-recording skills; managing correspondence; confidence and assertiveness; and negotiating skills, according to research reported by Advicenow in 2005. Some people do not want to be empowered by having information available. They want assistance, or even someone to take over dealing with their problem. People with low levels of competence in terms of education, income, confidence, verbal skill, literacy skill, or emotional fortitude are likely to need some help in resolving justiciable problems.
  • Ignorance about legal rights exists across most social groups. Genn notes that people generally are not educated about their legal rights (Genn p. 102).
  • Respecting lack of confidence in the legal system and the courts and negative feelings about the justice system, Genn observes that people are unwilling voluntarily to become involved with the courts. People associate courts with criminal justice. People’s image of the courts is formed by media stories about high profile criminal cases (Genn p. 247). This issue is related to the public image of courts, as well as to the wider role of courts as setters of norms.

Information needs for resolving justiciable problems

After identifying knowledge and information barriers, the next step is to uncover needs for information and knowledge related to access to justice. Those needs are most strongly related to the type of problem people experience. The most frequently occurring justiciable problems are simple, easy-to-solve problems, mostly those concerning goods and services. People themselves resolve such problems, occasionally with advice from specialist organizations like the consumers’ unions (e.g., in the U.S., the National Consumers League). For more important, more complex problems, people tend to seek expert help more frequently. The most difficult to resolve are problems involving a longer-term relationship, such as labor or family problems. Any of the problems discussed in this section may lead to a court procedure. However, the problems that are the toughest to resolve are also the ones that most frequently come to court.

The first need people experience is for information on how to solve their problem. In The Netherlands, the primary sources for this type of information are specialized organizations, with legal advice providers in second place. In England and Wales, solicitors are the first port of call, followed by the Citizens’ Advice Bureaux. In both countries, the police are a significant source of information on justiciable problems. This is especially remarkable because the problems researched were not criminal justice issues.

If people require legal information, they primarily need straightforward information about rules and regulations. Next, they look for information about ways to settle and handle disputes once they arise. Information about court procedures is a separate category that becomes relevant only in the event people need to go to court.

Respecting taking their case to court: People need information on how to resolve problems, on rights and duties, and on taking a case to court. The justiciable problems that normally come to court tend to be difficult for people themselves to resolve. These problems are also experienced as serious. Many of them involve long-term relationships: family, employment, neighbors. Therefore, people will tend to go looking for advice. Some of them may need assistance. Most people seek and receive some kind of advice before they come to court.

In summary, information needs in this context are mostly problem-specific. Most problems are resolved by people themselves, sometimes with the help of information, or help in the form of advice or assistance. The help is provided by many different organizations, but mostly by specialized organizations or providers of legal aid and alternative dispute resolution (ADR).

Different dispute resolution cultures

There are, besides these general trends, interesting differences between England and Wales and The Netherlands. The results with regard to dispute outcome, for instance, show the following:

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The Netherlands has fewer unresolved disputes, more disputes resolved by agreement, and the rate of resolution by adjudication is half that of England and Wales. It looks as if there is more capacity for resolving justiciable problems in Dutch society than there is in society in England and Wales. Apart from the legacy of the justice system where there is a propensity to settle differences that Voltaire described in one of his letters, many factors may be at work in The Netherlands to produce a higher level of problem-solving capacity. One probable factor is the level of education and the related competence levels for dealing with problems and the legal framework. The functional illiteracy rate is only half that in the United Kingdom. Another factor may be a propensity to settle differences by reducing the complexity of problems through policies and routines.

Diversion or access, empowerment or court improvement?

The debate respecting whether diversion or court improvement should come first as an objective of legal policy, has been going on for some time. These are the options under discussion:

  • Preventing problems and disputes from arising;
  • Equipping as many members of the public as possible to solve problems when they do arise without needing recourse to legal action;
  • Diverting cases away from the courts into private dispute resolution forums; and
  • Enhancing access to legal forums for the resolution of disputes.

Genn argues that it is not an answer to say that diversion and access should be the twin objectives of policy, because they logically conflict. I would like to contribute some observations that could provide a way out of this apparent dilemma.

First, user statistics from the introduction of the online claim service Money Claim Online and the case study in Chapter 2.3 of my book suggest that changes in procedure facilitating access do not in themselves lead to higher caseloads. Changes observed in the caseloads are attributable to market forces in both instances.

The other observation is that Paths to Justice and the Dispute Resolution Delta clearly found that self-help is experienced as more satisfying and less stressful than legal proceedings. Moreover, resolutions are to a large degree problem specific. A way out of the dilemma could be that specialist organizations that make it their business to provide specific information, advice, and assistance, should enhance their role. There is an empirical basis for this way out in the research reported in Paths to Justice and the Dispute Resolution Delta. Although goods and services problems are largely resolved through self-help, out-of-court settlement, or ADR, nonetheless a fair number of them still come to court. Devising ways to assist individuals in informal problem solving and diverting them to other dispute resolution mechanisms can keep still more of these problems out of court. Even in matters for which a court decision is compulsory, like divorce, mediation mechanisms can sort out differences before the case is filed. Clearly, information on the Internet will provide an entry point for all of these dispute resolution services. Online information can thus help to keep as many problems out of court as possible. All this should not keep us from making going to court when necessary less stressful. Information can help reduce people’s stress, even as it improves their chances of achieving justice. The Internet can be a vehicle for this kind of information service, too.

Taking up this point, the next section focuses on courts and how information technology, particularly the Internet, can support them in their role of information providers to improve access to justice. Two strains concerning the role of information in access to justice run through this theme: information to keep disputes out of court, and information on taking disputes to court.

Information to keep disputes out of court

An almost implicit understanding in the research literature is that parties with information on the “rules of thumb” of how courts deal with types of disputes will settle their differences more easily and keep them out of court. Such information supports settlement in the shadow of the law. Most of this type of settlement will be done with the support of legal or specialist organizations. In the pre-litigation stage, information about the approaches judges and courts generally take to specific types of problems can help the informal resolution of those problems. This will require that information about the way courts deal with those types of problems becomes available. Some of the ways in which courts deal with specific issues are laid down in policies. Moreover, judicial decision making is sometimes assisted by decision support systems reflecting policies. In order to help out-of-court settlement, policies and decision support systems need to be available publicly.

Information on taking disputes to court

If a dispute needs to come to court, information can reduce the disadvantage one-shotters have in dealing with the court and with legal issues. This disadvantage of the one-shotters -- those who come to court only occasionally -- over against the repeat players who use courts as a matter of business, was enunciated by Marc Galanter in his classic 1974 article, Why the Haves Come Out Ahead: Speculations on the Limits of Legal Change. Access to information for individual, self-represented litigants increases their chances of obtaining just and fair decisions. Litigants need information on how to take their case to court. This information needs to be legally correct, as well as effective. By "effective," I mean that the general public can understand the information, and that someone after reading it will (1) know what to do next, and (2) be confident that this action will yield the desired result. In a case study, I have rated several court-related Web sites in the U.K. and in The Netherlands on those points, and found most of them wanting. My test was done in 2008, and most of the sites have since changed or been replaced. And although the U.K. Court Service leaflet D 184 on how to get a divorce got the best score, my favorite Web site is Advicenow.

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Such an information service requires a proactive, demand-oriented attitude from courts and judiciaries. Multi-channel information services, such as a letter from the court with reference to information on the court’s or judiciary’s Web site, can meet people’s information needs.

Beyond information push

Other forms of IT, increasingly interactive, can provide access to court. [Editor's note: Document assembly systems for self-represented litigants are a notable example.] Not all of them require full-scale implementation of electronic case management and electronic files. In order to be effective for everyone, the information services discussed will require human help backup. There are also technologies to provide this, but they may still not be sufficient for everyone. The information services discussed here, in order to be effective, will need to be provided by a central agency for the entire legal system. A final finding is the importance of public trust in the courts in order for individuals to achieve access to justice. Judiciaries can actively contribute to improved access to justice in this field by ensuring that correct information about their processes is furnished to the public.

In summary, access to justice can be effectively improved with IT services. Such services can help to ameliorate the access-to-justice crisis by keeping disputes out of court. The information services identified here should serve the purpose of getting justice done. They should not keep people from getting the justice they deserve by preventing them from taking a justified concern to court. If people need to go to court, information services can help them deal with the courts more effectively.

[Editor's Note: A very useful list of resources about applying technology to access to justice appears at the technola blog.]

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Dory Reiling, mag. iur. Ph.D., is a judge in the first instance court in Amsterdam, The Netherlands. She was the first information manager for The Netherlands' Judiciary, and a senior judicial reform expert at The World Bank. She is currently on the editorial board of The Hague Journal on the Rule of Law and on the Board of Governors of The Netherlands' Judiciary’s Web site Rechtspraak.nl. She has a Weblog in Dutch, and an occasional Weblog in English, and can be followed on Twitter at @doryontour.

VoxPopuLII is edited by Judith Pratt. Editor in chief is Robert Richards.