New research commissioned by the Legal Services Board (LSB) explores the vulnerabilities consumers face when they need and use legal services (pdf). It also highlights that the way lawyers engage with consumers can increase or reduce vulnerability.
The research shows that, while it can be difficult for anyone with a legal problem to navigate the legal system, people with particular circumstances and/or characteristics may find it particularly challenging. These include poverty/low income, disabilities, low literacy, digital exclusion, and those who have suffered domestic abuse.
Vulnerability can affect people’s ability to feel in control of their situation. It also brings stress and anxiety, which – as well as being a negative impact in itself – further reduces their ability to deal with their legal issues successfully. Vulnerable people are especially susceptible to harm and loss if their needs are not recognised and met by legal professionals.
Positive examples of practice identified include helping clients understand legal processes and terms, ensuring costs are transparent, providing clarity on timeframes, and actively listening to consumers to understand their circumstances with empathy and compassion. Consumers also valued being kept informed on the progress of their case, including receiving responses to queries promptly. This helped to reduce their clients’ anxiety and increase their sense of control and agency.
Those who took part in the research suggested improvements to the system, which point to:
- A need for greater consistency and standardisation in how legal services are delivered;
- Adopting an inclusive design approach, whereby services are designed with the most vulnerable in mind to benefit everyone. This approach can help to ensure that whenever someone uses legal services:
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- They feel heard and understood;
- They can understand the legal implications of their issues, the language and terms used, and what is happening with their case;
- They can exercise informed choice and feel in control of how their legal issue is managed.
The outputs from this research are:
- The main report (pdf)
- Summary infographic (pdf)
- 13 case studies (pdf)
Stephanie Orr, Policy Officer at Surviving Economic Abuse said,
“We’re pleased to see the launch of ‘Vulnerability in Legal Services’ and to have had the opportunity to contribute to this research. We know from victim-survivors of economic abuse that a trauma-informed approach to legal proceedings, one which takes into account the vulnerable position that survivors of abuse are in and recognises how this is used by abusers seeking to maintain control, is key. It is also vital that survivors have access to proper legal representation as without this, they are left with an impossible choice – to represent themselves in court, face crushing debt to pay for legal expertise or opt out altogether. We are encouraged by the recommendations laid out in the report and hope this can provide a clear guide to legal services representing victim-survivors of abuse.”
Matthew Hill, Chief Executive of the Legal Services Board, said:
‘Many people can be inherently vulnerable when going to a legal professional. Perhaps because they’re a victim of crime, going through a relationship breakdown, or selling a house. This can be compounded by their personal circumstances – including having a low income, disability, low literacy or suffered abuse. So, it is vital that legal services are designed and delivered with these vulnerabilities in mind. When that happens, everyone benefits.
‘So, we urge regulators, legal services providers, and others to develop their understanding of vulnerability and consider how they can support the development of inclusive services that meet the needs of everyone.’
The LSB has also published a report identifying groups of people by their levels of legal need (pdf) and likelihood to use professional advice. It is based on an analysis of the LSB’s individual legal needs survey and sets out clusters based on demographics and legal capabilities.
Notes to editor:
- The Legal Services Board commissioned this research from Community Research, the LSB’s Public Panel provider
- The research started with a rapid literature review on vulnerability in legal services and inclusive design. The review was followed by 10 support and advice organisation interviews where with people from legal support organisations (The Access to Justice Foundation, Law Works, and Law for Life), domestic abuse organisations (Surviving Economic Abuse, Welsh Women’s Aid) and from the Advice Services Alliance, Citizens Advice Basingstoke, AgeUK, Solicitors for the Elderly, and Crisis.
- The 30 interviews with consumers included 11 in vulnerable situations that prompted their legal need (such as injury, divorce, buying or selling a property, or dealing with probate for a relative or friend who had died). The remaining 19 interviews were with consumers who had at least one additional risk factor for vulnerability (low income, difficulty in reading or writing in English, longterm physical or mental health conditions affecting daily life, experience of domestic abuse, and difficulty in using online services)
- This is a qualitative research study and therefore is not statistically representative of the adult population of England and Wales. However, the consumers who participated were selected to provide a mix of people, including by gender, age group, location, socio-economic status, ethnicity and disability.