Surveys now running as Society looks into ADR and pro bono provision

Research on access to legal advice and services in Scotland following a decade of austerity has been opened by the Law Society of Scotland.

Solicitors and others are being asked to help in two projects of the Society's Access to Justice Committee, by sharing their views through two online surveys, one on the use of alternative dispute resolution (ADR), and the other on the level of pro bono legal advice provided in Scotland.

Committee convener Jim Stephenson explained: "Through a decade of austerity, the landscape for access to justice in Scotland has changed significantly. At this stage, we think it’s important to take stock, to review and, where possible, to make recommendations for improvement and promotion of best practice in these two key areas.

"The number of civil cases progressing through courts in Scotland has declined significantly in the last decade. ADR is increasingly encouraged, for instance, as part of the process for simple procedure cases. We are interested in finding out whether ADR is increasing, how service provision varies across the country, and views from providers and users of ADR on how services can be promoted and improved. We are also keen to discover how technology could be used to assist these services.

"Regarding pro bono work, we know that large numbers of solicitors and law students volunteer their expertise and time to help people with legal problems. This is often done through formal programmes, such as firms’ CSR work or university law clinics, and often at individuals’ own initiative. We are interested in finding out more about what services are available across Scotland, and how these can be recognised and promoted. Pro bono can never be a substitute for an effective system of legal aid, though we are keen to explore how people providing advice can be supported with their volunteering."

Both surveys run from 28 February to 8 April 2019. The Society will also contact stakeholders providing ADR and pro bono work to understand more around the services currently available. Follow-up round table events for both projects will take place in spring and summer 2019, and the committee will report on its findings later in the year.

Click here to take part in the ADR survey, and here to take part in the pro bono survey. Responses are also welcomed by email to accesstojustice@lawscot.org.uk.