Courts online Meeting user needs Sue Scott Director, Online Legal Access Project Law Foundation of NSW

“ The courts, while containing judicial power, must also diffuse information … the courts' position rests upon their capacity to communicate. ” Richard Mohr Law Foundation of NSW

Assistance with documentation Information about courts and court processes Assistance with the law Emotional support Accessible information What do court users need?

Law Foundation of NSW How to make and respond to a claim Sample letters Forms E-filing Fees information Assistance with documentation

Law Foundation of NSW How to contact and find the court Opening hours Disability access Court ettiquete Court lists Information for jurors and witnesses Stages of the litigation process Rules of evidence Formulation of legal argument What it means to cross examine Assistance with attending court

Law Foundation of NSW Plain English guides Legislation and case law Pathways Legal terminology Information about changes to the law Assistance with substantive law

Law Foundation of NSW Emotional support Provide details about court support programs Court location, opening hours, disability access Information about how the court works Visual guides to the court

Law Foundation of NSW Plain English information Materials in other languages Materials in alternative formats Reduce legal jargon Accessible information

How do people find information? Law Foundation of NSW

When people have an information need, their first preference is to ask another person Law Foundation of NSW

Information alone is often not sufficient Law Foundation of NSW

Implications for delivery via the Internet Provide in person assistance in addition to Explore the potential of Internet delivery of information may change the type of inquiries received rather than reduce the need for people Law Foundation of NSW

Written information adds value, especially when used in conjunction with in person assistance Law Foundation of NSW

People collect information for many reasons, including getting self-control, social support, and clarifying causes (Dervin 1993). The kinds of questions asked by victims of domestic violence support this finding: What should I do? Why does he do this to me? Can I manage if I leave? What are my legal rights? What can I expect from a battered women’s shelter? (Harris 1988)

Law Foundation of NSW Implications for Internet Delivery 1.It is useful and worthwhile to provide legal information resources via the Internet, but this information will be of most use when delivered in conjunction with other forms of assistance 2. Find out where your users go for assistance and provide the information to them

Law Foundation of NSW Genn Where people go in the UK when they have a legal problem

Where people go for assistance - Solicitors Community legal centres LegalAid Community centres Chamber magistrates Police Migrant resource centres Tenancy groups Doctors Friends and family Law Foundation of NSW

Convenience and ease of access are key determinants in whether people use a particular information source Law Foundation of NSW

Providing resources via the Internet has the potential to greatly increase use by increasing accessibility. But …….. Sites must be accessible - quick to load, easy to find, easy to navigate and comply with accessibility guidelines There needs to be easy access to a reliable, fast Internet connection

Internet Access is increasing Law Foundation of NSW

In the 12 months to May 2000, 6.4 million adults, 46% of Australia's total adult population accessed the Internet. Between February 1998 and May 2000 the figures have increased from 23% to 46% of Australia's population Households with incomes of $50,000 or more were three times as likely to have Internet access at home, compared to those households with incomes of less than $50,000 (Australian Bureau of Statistics 2000).

Law Foundation of NSW Implications Ensure that there is well publicised Internet access available in the community, in locations such as public libraries, court houses and community centres Take the demographics of your target group into account when planning whether to deliver information and services via the Internet Deliver services in a variety of ways

Law Foundation of NSW Providing information via the Internet doesn’t mean people will find it

Person is looking for the Wallis Lake Oyster case that was before Federal Court. Netsearch comes up as first screen Chooses the search engine which comes up - Excite Oysters and Australia 862 “too many” [Doesn’t look at results] oysters and Australia AND federal court 182 hits “very unsatisfactory” Wallis lake AND oysters “looking a lot better” Finds a SMH article but still looking for the Federal Court connection Law Foundation of NSW

“I’ll look for the home page of the Federal Court and see if I can find the case that way” Federal Court AND Australia 7,799,370 “that’s a lot” Goes to the Federal Government web site which comes up on this page and does a keyword search “not having much luck here - scrolls down the page - not here” Tries the subject entry point - Departments and Agencies “I’ll go to Attorney General’s Department - don’t know if the Federal Court is part of it” When he goes there it brings up the Department of Admin Services Tries again and it does the same thing Gives up

The average [US] college educated person cannot form a correct Boolean expression for even a simple case There are typically 30 different words that users will think of to describe an information object they know well, but it will usually be indexed by less than five. Casual searchers often know little about a topic and its vocabulary (Landauer 1993). 85% of users use search engines to locate information (GVU's 10 th WWW User Survey). The largest search engine only covers 38.3% of the web (Lawrence & Giles) Law Foundation of NSW

Implications 1.Promote sites to relevant users 2.Use hypertext links to provide pathways from plain English to more sophisticated resources 3. Create gateways to quality legal resources Law Foundation of NSW

Information is a step along the way, not a product. Information is only of value if it is found, used and understood. Law Foundation of NSW

References Australian Law Reform Commission, 2000 Managing Justice: the way ahead for civil disputes, ALRC Report 89 American Bar Association, Albert H. Cantril, Agenda for access: the American People and Civil Justice. Final Report on the Implications of the Comprehensive Legal Needs Study. Clark, Eugene Enhancing Access to Justice: Some Lessons for Lawyers ToC.htm Genn, Hazel with National Centre for Social Research, 1999, Paths to justice: what people do and think about going to law, Oxford, Hart Law Foundation of NSW

References Dewar, John, Smith Barry, Banks, Cate 2000, Litigants in person in the Family Court of Australia, Research report No. 20, Family Court of Australia Gamble, Helen, and Richard Mohr Litigants in Person in the Federal Court of Australia and the Administrative Appeals Tribunal: A Research Note. Paper read at Sixteenth AIJA Annual Conference, September 1998, at Melbourne. Parker, Stephen, 1998, Courts and the public, AIJA, Melbourne Scott, S Research review into legal information seeking behaviour and use: implications for provision via the Internet, Law Foundation of NSW, Sydney Law Foundation of NSW