The English legal system has traditionally enjoyed a reputation for being 'the best in the world,' with a top-quality bar and independent judiciary and specialist commercial courts and arbitration services bringing lucrative international business into the country.

However, it is a system that is also significantly overstretched. The last decade has seen the legal aid advice network brutally devastated by funding cuts. Entire areas of law fall outside of the scope of publicly funded legal services. The severe lack of access to affordable legal assistance has led to senior judges warning that the quality of the entire system hangs in the balance.

A Closed Shop

Fewer than 10% of people experiencing legal problems instruct solicitors, and with top lawyers charging up to £1,000 per hour, it is no surprise that two thirds of people feel that legal services are too expensive.

Nesta, the innovation charity, recently found that nearly 60% of people in England and Wales think the legal system is 'not set up for ordinary people'. Artificial Lawyer recently argued that, 'When half a country believes legal services are not for them, that seems to indicate a serious issue, perhaps even…a deficit in the democratic status of a nation.'

The situation is no better for UK businesses. Small businesses typically face 8 legal issues a year, yet 83% see legal services as unaffordable, preferring to go it alone instead. With huge fines at stake for failing to meet legal obligations, mistakes can be costly or even terminal to a business. SMEs find themselves in an impossible position—they struggle to afford traditional legal services but cannot afford to bury their heads in the sand either.

It is unsurprising that barriers to accessing quality legal assistance leave individuals vulnerable and businesses at risk.

Technology Can Play a Vital Role

Whilst the justice system has often been slow to innovate, HM Courts & Tribunals Service is currently embarking on a £1 billion digital reform process which is working to overhaul the way justice is administered. Many court services have already been moved online and there will be a continued move away from paper-based systems to digital solutions.

It is not just the court system that is embracing technology. There are countless examples of innovations improving the way lawyers work too. Natural language processing is facilitating smarter legal research processes, e-discovery is cutting down on the cost of lawyers required to assist on large scale document review projects, digital contracts make the whole process more streamlined and cost effective and enable people to do business anywhere in the world without delay. These efficiencies can all be passed on to clients, resulting in the provision of a more affordable and thus, it is hoped, more accessible legal service.

Legal tech solutions are also increasingly being targeted at individuals who are more and more willing to do some of the groundwork themselves. Digital information and document platforms and chatbots widen the pool of options to which individuals have access. There will of course always be a need for specialist legal services, but improved processes and new ways to connect online with lawyers and legal advice without the overheads associated with the traditional law firm model will all help to keep costs down without having to compromise on quality.

Law Tech is Big Business

The Ministry of Justice recently pledged to allocate £2 million in funding to Tech Nation, a scale up network for tech entrepreneurs, to help support the digital transformation of the UK legal sector.

It is a move that highlights the UK Government's commitment to ensuring the UK remains a global leader in law and legal technology.

The legal technology market is thriving with £1bn global investment last year. In the UK alone, investment into the sector has tripled in recent years, reaching over £62 million in 2019.

With the UK legal tech market growing fast, it is estimated that embracing new technological developments could double productivity growth and begin to close the justice gap.

Improving Access to Justice?

The issues around access to justice are of course complex and the solution will not be found through technological innovation alone. Technological solutions still need to be accessible and by their nature require a level of tech literacy that cannot be expected of all members of society. Technological innovation is not a panacea for all the issues affecting our justice system.

However, in an overstretched legal system, technology will play a key role in levelling out the playing field by increasing the range of affordable options available for those who would otherwise have been priced out.

Anna Simmonds is a barrister and Head of Commercial at Sparqa Legal, an online platform providing expert legal guidance and auto-generated documents for businesses. Founded by a team of senior barristers and tech executives, Sparqa Legal is on a mission to make law accessible and empower businesses to fulfill their own legal needs. The content in this article is up-to-date at the date of publishing. The information provided is for information purposes only, and is not for the purpose of providing legal advice.