Legal technologists tout a common refrain during conferences and panel discussions: “Legal technology promotes access to justice.” But a new report found that over 95 percent of legal technology startups do not actually have a direct focus on access to justice as part of their mission.

The report, authored by pro-bono marketplace startup Paladin co-founder Kristen Sonday, looked at 269 for-profit legal technology companies generating products and services for the legal industry. Of those companies profiled, only 4.5 percent identify their primary service as an access-to-justice related one. That number jumps marginally, to 9 percent, when including technology geared toward those seeking to navigate immigration issues.

The report additionally found that legal technology startup founders overwhelmingly come from majoritarian racial and gender groups. Eighty-six percent of legal tech startup founders were male, and 73 percent of founders are white. Of those who aren't white, the report found that 9 percent of legal technology startup founders are Indian, 8 percent are Asian or Asian American, 5 percent are Middle Eastern, 3 percent are Latinx, and only 2 percent are black.

Sonday pursued this research to examine the role that communities of color have in shaping legal technology today.

“I noticed this paradox in that we're now building more legal technology than ever before, yet the access to justice gap keeps widening,” Sonday told LTN in an email. “I feel strongly that the communities most affected by the access to justice gap (women, immigrants, and minorities) should be heavily involved in building related tech solutions (if not leading these efforts), so I wanted to understand how we were represented among legaltech and ATJ founders.”

Although Sonday knew that legal technology is not a particularly diverse industry, she was shocked by just how far the industry has to go to reflect the communities.

Notably, far more women and founders of color can be found among the small subset of legal technology companies that focus on access to justice. Forty-four percent of access to justice-related companies are headed by women and/or people of color.

Miguel Willis, program director for the Access to Justice Technology Fellows Program, spoke to some of the ways that legal technology companies across the spectrum speak about their access to justice efforts, writing in the report, “The collateral effects of some legal tech solutions will undoubtedly make 'justice' more accessible for those who can afford to pay something. However, these solutions will do little to expand legal access to those most marginalized.” 

Sonday noted that women and people of color venturing into the legal technology space face unique barriers to success. “Once we do decide to take the plunge, it's significantly harder for women and people of color to raise capital to expand their businesses,” she said.

Neither the legal nor the technology industry is a stranger to criticism for the lack of diversity among their ranks. Affinity groups in the legal space have been a law firm staple since the 1970s, but progress towards racial and gender equity in law firm leadership has leveled off in recent years.

Sonday noted there are plenty of steps that the industry can take to support both access to justice efforts and startup founders from non-majoritarian groups.

“We need to start early and be intentional to get more women and people of color engaged with legal tech,” Sonday suggested. “From exposing law students to tech/startups early on to partnering diverse entrepreneurs with mentors who can provide access to resources to being deliberate about funding and buy-in, we can be much better in supporting folks in each step of their journey.”