The Universal Declaration of Human Rights (UDHR) states “everyone has the right to obtain legal help and access the justice system”.[1] Nevertheless, legal bills and the methods to accessing justice can be overwhelming and complicated which in turn can prevent justice from being obtained. Technology could play an important role in addressing the issues of accessing justice. Although ‘robot’ judges sitting in court has not presented itself as of yet; as times change, the legal system looks to adapt to new technologies that provide a more reasonable way to access justice. Therefore, I intend to analyse artificial intelligence (AI) and the role it plays in access to justice.
The creation of internet applications (apps) during the 2010’s has provided a way for lay lawyers to address legal disputes directly from an internet-abled device. ‘DoNotPay’, ‘the world’s first robot lawyer’, is a key example of technology bringing a simplistic method to accessing justice. The app firstly contested car parking tickets, defeating 375,000 parking tickets over a 24-month period. As a result of the popularity and success rate, it expanded into additional jurisdictions and now provides access to justice to refugees with immigration applications; free of charge. [2]
Secondly, ‘Legal Defence’[3] is an app where subscribers can access legal support 24-hours a day through; a hotline; a chatbot named Gordon; and solicitors from Slater and Gordons, an award-winning law firm. LegalDefence charges a subscription fee of £19.00 per month; a small percentage of a lawyer’s usual hourly rate. In 2017 a city law firm reported their clients could expect to pay £500.00 per hour – depending on seniority. [4]
Additionally, ‘Rocket Lawyer’ – a mobile-website – has helped 20 million people, including; businesses and individuals, receive legal advice from legal professionals. ‘Rocket Lawyer’ provides guidance and produces; business; property; and family documents. The membership fee of £25.00 per month seems reasonable due to the client ratings. Rob W, a member says, “Rocket Lawyer is a great service for my business’ legal needs, the answer is either on-site or a qualified legal professional is back to me within 24 hours.” Another member says, “Rocket Lawyer offers us the opportunity to access legal advice at affordable prices.”[5]
A disadvantage of modernising access to justice through technology is the risk of digitised exclusion. In 2019, statistics revealed only 50% of people aged 75-years and over were recent (past three months) users of the internet. Similarly, in 2018, statistics revealed only 39% of people aged 65-years and over were recent users of the internet on portable devices.[6] However, Richard Susskind OBE FRSE, independent advisor to international professional firms, has said “It should not be supposed that the transition from what we have today to these [technological] alternatives is straight forward.”[7] However, he asks for people to “look beyond… and be open to alternative and better ways of handling limited understanding of human beings”. [8] Additionally, leading psychologist, Abraham Maslow, has noted: “I suppose it is tempting, if the only tool you ever had was a hammer, to treat every problem as if it were a nail.”[9] Susskind deems that resistances comes from professional’s greed and insecurities concerning their status in their profession in the future.[10] By moving with the times and shaping the future through integrating digitalised methods of accessing justice, the future generations will evolve with skillsets enabling them to operate sophisticated technology and therefore have the ability to access justice though technology.
While it is true that a percentage of the elder generation do not have the ability to easily access justice though the use of mobile apps and websites; it cannot be denied that technology can assist people that are not mentally prepared or physically able to attend court hearings; the use of video conferencing (VC) is currently resolving this issue. The presence of a child is a key example of how the use of portable VC equipment is helping to bring access to justice. When a child is not mentally stable enough to attend a court hearing, a backlog of court listings can arise, therefore creating delays and preventing citizens accessing justice. However, now that 53 care centres across England and Wales are equipped with portable VC equipment; children have a more practical method of attending court; and expert witnesses, i.e. medical professionals, have the flexibility when their presence is required. Furthermore, tax payers money could be saved if day rates and travel expenditures of supervisors of less abled bodies, and expert witnesses were not required to physically attend court. [11]
Furthermore, The Law Society have recently completed an analysis of LawTech (technologies that aim to support or replace traditional methods for delivering legal services, or that improve the way the justice system operates)[12] in the UK and other jurisdictions. The main findings suggest that investment in the UK, which currently stands at $926m from global investors, is likely to increase as law firms look to “increase efficacy, reduce costs and provide a broader scope of services.” [13] This indicates that billable hours could be reduced due to lawyers’ time being used more efficiently, which in turn allows for lawyers to work through cases in a timely manner, thus serving justice to citizens at a faster pace.
In summary, new-age technologies such as mobile apps and digitised court hearing must be acknowledged as significant breakthroughs in bringing access to justice. Although there is a risk of digitised exclusion through the use of some mobile apps, it cannot be denied that through introducing these time and cost saving methods of accessing justice, the future generations will benefit rather than be subjected to old-fashioned ways of accessing justice.
I conclude with a quote by Tim Barnes, creator of the World Wide Web, “The Web as I envisaged it, we have not seen it yet. The future is still so much bigger than the past.”
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