Digitisation aims to increase efficiency, but it can also exclude or marginalise those who don’t have the resources, skills or confidence to participate in a digital way. New research into digital exclusion in legal services has found that, for some clients, the shift towards digital-first or digital-only processes is making accessing legal services complicated, impersonal, more time consuming and, in some cases, impossible.
The research – commissioned by ICAEW, the Bar Standards Board, CILEx Regulation Ltd and the Council for Licensed Conveyancers – is based on the views and experiences of people who have felt digitally excluded when trying to access legal services. It aims to identify the key challenges and barriers they face, and how best to support them.
“As regulatory bodies, one of our objectives is to improve access to justice,” explains Rachel Clements, Regulatory Policy Manager at ICAEW, “so it’s important we understand any barriers and make sure that people are not prevented from accessing legal services simply because they cannot get online or confidently use digital tools. Protecting and promoting the interests of consumers is another key objective, so we need to make sure everyone can access the services they require easily and equitably.
“The research we commissioned highlighted concerns from stakeholders about a general lack of awareness about the realities of digital exclusion in the legal sector,” she says. “Technology can make processes more efficient, but it can also create barriers. Even people with digital access can struggle to use online services for legal purposes, and those affected are not always those we assume might face these issues.”
Countering misconceptions
Digital exclusion isn’t as simple as not having access to the internet or digital devices. The report notes how digital exclusion rarely exists in isolation; instead, it’s often linked with other sources of disadvantage, such as poverty, disability, language barriers, caring responsibilities, low literacy, and poor health.
But digital exclusion can also affect a wide range of people who you might ordinarily assume would be comfortable accessing services in a digital way.
People who are digitally excluded face challenges in terms of access, cost, skills, confidence, motivation and trust. For some, the slip from digital inclusion into exclusion can happen unexpectedly and quickly, for example if they lose their device, cannot afford data or don’t have the support of family or neighbours.
“The report talks about the complex realities of digital exclusion,” says Rachel. “We often have this preconception that it affects only a particular demographic without internet access but, in reality, it's multi-faceted. It links into a wide range of financial, social and educational issues. And it can even affect tech-savvy people who, because of the complexity of legal transactions, still find it difficult to understand what they need to do.” As one study participant explained: “Just because I’m on Facebook doesn’t mean I can handle legal stuff online.”
Given the multi-dimensional nature of the barriers, the report highlights the need for flexible service design in addressing digital exclusion. "We are increasingly seeing services move to digital-only or digital-first," says Rachel. “But service design has to be inclusive and flexible for all consumers and providers must also consider the needs of vulnerable consumers when deciding how and why they digitise certain services. Providers should ensure that meaningful offline alternatives are available as well."
What does digital exclusion look like?
The study, carried out by M.E.L Research, included a survey of more than 450 digitally excluded legal service users, in-depth interviews with 30 individuals who have faced digital exclusion when accessing legal services, and nine interviews with organisations working to support people affected by digital exclusion.
Researchers looked at four overlapping aspects of digital exclusion:
- access – reliable internet and devices;
- affordability – the cost of connectivity, equipment and repairs;
- ability – skills and confidence to use digital tools; and
- attitude – levels of trust, motivation, and willingness to share sensitive information online.
Although 90% of survey respondents had internet access at home, all had experienced at least some of these aspects of digital exclusion. For example, half the respondents weren’t confident using the internet for complex tasks such as managing finances, healthcare, or legal issues.
Reliance on others was high with over half (56%) always or often depending on family, friends or neighbours to access online services. Four in five (82%) respondents had been asked to complete some part of their legal service online, but only one in five managed this independently. Most relied on others or asked their provider for alternatives.
“It’s clear that digital exclusion is not just about lacking internet access,” says Rachel. “It's also about having the confidence to navigate websites and forms. And for clients who rely on family members or friends to help them with what might be emotional or sensitive matters, it can have implications for confidentiality and autonomy.
Many survey participants reported that using digital routes had not delivered either speed or efficiency. Just 15% said completing parts of the process online had reduced the time it took to resolve their case, with 56% saying digitisation had lengthened the process, and a worrying 5% saying online requirements meant they hadn’t been able to resolve their legal issue.
What can legal service providers do to remove barriers?
Digital exclusion takes a high emotional toll on those affected. Research participants talked about feeling anxious, ashamed and powerless. Some worried about “getting it wrong” and facing legal consequences. Others described feeling ignored or dismissed. As one participant put it: “I was grieving, and everything felt harder. I needed someone to just say, ‘It’s okay, here’s what to do.’ Instead, they sent me a link I couldn’t use.”
When interviewees were asked what they wanted from firms, they mentioned trust, respect, empathy, clarity and responsiveness. Choice was key; people wanted the flexibility to use digital tools when they worked well but to have the option of offline alternatives too. The report also notes that participants valued face-to-face meetings and phone calls because they offered clarity, reassurance and emotional support. Where providers combined digital processes with human contact, participants felt more supported, respected and in control.
“We would encourage firms offering probate services to reflect on this report’s findings, to think about potential digital barriers in their processes, and take the initiative to address them,” says Rachel. This might mean maintaining offline options alongside digital processes, making face-to-face, in-person contact, or picking up the phone to explain how to fill in a digital form.
A good starting point is to review your business model, policies and procedures, and look at your current and potential clients. “Think about who your customer might be, and about their individual needs and potential vulnerabilities,” suggests Rachel. “Look at the touch points in the probate process, and how these might cause difficulty, and make each step as inclusive as possible. Don’t wait for a client to have to tell you they are struggling; be proactive and flexible to explain all the options first so that your services work for everybody.
"This approach can also potentially broaden your client base," she adds. "When you tailor your services to consumers by thinking about their needs, you're more likely to attract clients who feel supported and satisfied with the service you provide.”
Embedding inclusion in service design
The report concludes by calling on all legal service providers to embed inclusion in service design, maintain meaningful offline routes, and support staff to recognise and respond to potential exclusion. "Inclusion cannot be treated as an afterthought," it states. "It must be at the core of legal service delivery. The right to access justice should never depend on someone's ability to navigate a digital form."
“Digital exclusion can affect all sorts of people from all walks of life,” emphasises Rachel. “And the evidence presented in this report shows why flexible and inclusive service design at an early stage is so important. We encourage our firms to think about the issue more broadly and make sure the services they offer are accessible for everyone, whatever their needs.”
What is ICAEW doing as a legal services regulator?
As well as ensuring we continue to offer multiple channels for members, firms and the public to contact us and access our information, we have also published guidance for our registered legal services firms. Aiming to help all consumers engage confidently with legal service providers, regardless of their digital capability, our four-step guide draws on the findings from the research to provide firms with a structured method to assess their service for digital exclusion risks.
Practical and simple steps to improve access
The report highlights some simple steps to reduce the risk of digital exclusion.
- Assess digital confidence and needs at the beginning of each case and offer help early without waiting for clients to ask.
- Maintain and promote multiple offline access routes, including phone, paper and face-to-face options as standard practice, not only when requested.
- Provide clear, jargon-free communication that explains legal terminology, outlines procedural steps and provides digital instructions.
- Train staff to be aware of digital exclusion and its links to vulnerability, so that front-line professionals can respond appropriately.
Resources
- Read the M.E.L Research digital exclusion report
- Digital exclusion guidance for firms
- Find out more about digital exclusion in the legal sector
- ICAEW guide to dealing with vulnerable clients
- Moving to digital must not exclude those without digital confidence or access
- Visit ICAEW’s consumer hub for articles you can share with your clients to help explain probate services, including what probate means for executors and beneficiaries