Supporting Digitally Excluded Consumers in Legal Services – Guidance for our registered firms

Technology has improved access to legal services for many consumers. Digital portals, online forms, apps and chatbots have made many legal processes faster, more convenient and more efficient. However, new research on digital exclusion, commissioned by ICAEW, the Bar Standards Board, CILEx Regulation Limited and the Council for Licensed Conveyancers shows that for some consumers, assumptions about the benefits of digital access can also create disadvantages.

Consumers with digital challenges faced poorer outcomes and reported feeling anxious, disempowered or unable to progress their case. They valued face-to-face meetings and phone calls because they offered clarity, reassurance and emotional support.

Our research shows that digital exclusion can affect anyone, even those typically confident using social media online. Probate clients for example, can experience temporary or situational vulnerabilities such as bereavement and financial difficulty and may feel less digitally confident than usual. We encourage you to reflect on these findings and consider different consumer needs in your approach to legal services.

Purpose of this guidance

This four-step guide draws on the findings from our research to help all consumers engage confidently with your firm, regardless of digital capability. It offers a structured method to assess your service for digital exclusion risks.

However, addressing vulnerability is more than a box ticking exercise. It involves making thoughtful and proactive adjustments that genuinely support consumers to access your services. By embedding flexibility, empathy and choice into service delivery you can help to improve clients’ experiences of legal services.

Our commitment 

Consumers should never be prevented from accessing legal services simply because they struggle with digital tools. ICAEW is committed to meeting the Legal Services Board’s expectations in its statement of policy on empowering consumers and will continue to promote best practice and support firms to meet evolving consumer needs. We are also committed to offering accessible consumer focused resources.

Assess whether your services and communication methods meet the needs of both existing and new clients.

Key questions to consider

• Do your processes assume all clients are confident with digital tools like portals, emails and online forms?
• Could clients be excluded due to a lack of internet access, devices, or digital confidence and skills?
• Could bereavement, stress or finances make digital participation harder?
• Do you offer several different free options for consumers to contact you?

Practical tips

• Provide a range of offline communication options, including a direct telephone number, postal correspondence, or face-to-face appointments.
• Signpost offline support visibly across your website and correspondence.
• Ensure key information is jargon free and easy to find.
• Avoid complex online forms or offer offline support.
• Conduct ongoing digital risk assessments and monitor changes and improvements.

Proactively assess digital capability as part of client onboarding.

Key questions to consider

• Do you ask clients if they have communication preferences from the outset?
• Do you maintain a clear record of vulnerabilities and communication preferences?
• Do you ask for feedback on digital accessibility or make assumptions about its usability?

Practical tips

• Implement a structured digital confidence assessment at the start of each matter.
• Treat digital exclusion as a vulnerability factor requiring appropriate adjustments.
• Record and review digital needs as you would any other vulnerability indicator.
• Recognise that digital capability can fluctuate during the probate process.
• Do not place the burden on clients to disclose difficulties; proactively offer support and alternatives.

Making your services as inclusive as possible can minimise dependence on external support. However, if third parties or family members for support is unavoidable, review your procedures to ensure confidentiality and trust is maintained.

Key questions to consider

• Do you have communication plans and update it to reflect any changes in a client’s situation or potential digital confidence?
• Do you have procedures in place when third parties (such as carers, or Citizens Advice) are asked to act on client’s behalf?
• Do you provide clear transparent information about data security and confidentiality?

Practical tips

Where a consumer relies on family, friends or neighbours for digital access, consider the following tips:

• Confirm explicit consent before engaging with anyone acting on a client’s behalf.
• Protect client privacy when discussing sensitive information.
• Provide alternatives that reduce reliance on others wherever possible.

Ensure that staff are trained to proactively assess digital confidence over time and can adapt their approach to providing or receiving information.

Key questions to consider

• Are staff members aware of potential digital exclusion challenges?
• Do staff know how to identify and respond to digital exclusion?
• Do you record how inclusion measures are implemented and monitored?
• Are digital needs revisited at key stages of the matter?

Practical tips

• Train staff to recognise signs of digital exclusion (eg, missed online deadlines and reliance on others)
• Encourage open dialogue so clients feel comfortable expressing any new concerns or preferences as they arise.
• Ensure staff are prepared to provide clear explanations of legal procedures.

Digital Exclusion self-assessment checklist

For further support, our consumer hub provides consolidated consumer-focused information about the services provided by ICAEW-accredited firms, including oaths and the probate process. Firms can also use our interactive checklist to assess compliance with ICAEW transparency requirements and help consumers to make informed choices about legal services.

The ICAEW guide to dealing with vulnerable clients provides more practical advice which can be shared with staff.

Resources

• Read the M.E.L Research digital exclusion report
• Find out more about digital exclusion in the legal sector
• Read the article: Tackling digital exclusion: embedding choice in probate services