1. Apples, oranges and lemons: what works in legal assistance, for whom, and how will we know?
2nd International Conference
Access to justice and Legal Services
Hugh M. McDonald & Suzie Forell
Monday 11 June 2018

2. Lets rock’n

3. Lets rock’n

5. Lets rock’n

6. Overview Background - LJF context Challenges to building the WW EB
Learning from services & innovation
What works – services & systems
Some insights
‘What works’ strategic framework
Learning from unbundling & rebundling

7. Context LJF - Independent statutory body LJF streams
Legal needs - consistent with international findings
What works
Systematic reviews
Research Alliances
Other work with LAS
Data strategy

8. Pursue statutory objects by identifying legal needs, and what works to address those needs
We know:
Inequality in experience of legal problems & what people do
Inequality linked to social disadvantage
Social disadvantage linked to lower legal capability

9. Legal capability Knowledge only one aspect of capability.
Other skill, psychological and personal resource barriers, especially for disadvantaged people and groups.
Also affected by wider community and social context e.g. service infrastructure; culturally accessible services etc.
Knowledge
Legal: law; rights etc.
Assistance services etc.
Skills
Literacy
Negotiat.
Technology
etc.
Psychological
Preparedness to act
Self-efficacy
Willingness to get in a dispute, etc.
Other personal resources
Financial
Social capital
Health
Trauma
ICT access etc.
Environment
Knowledge is only one aspect of capability. Effective outcomes often require more than a brain dump of legal knowledge from adviser to client …
Typically legal capability has 3 overlapping areas (knowledge, skills, psychological), and as affected by personal and broader circumstances, such as the broader legal assistance infrastructure and environment.
Knowledge: law, legal rights; awareness of legal assistance services etc.
Skills: e.g. functional literacy (find, comprehend, apply, action) and numeracy; legal literacy; negotiation and communication; self-management; use information technology
Psychological: preparedness and willingness to act, seek help, to disclose problem; self-confidence
Other personal circumstances: financial resources (e.g. affects ability to purchase private legal assistance); access to information technology (e.g. affects ability to obtain information); social capital (e.g. networks of family, friends, community groups and associations etc.); community and broader macro environments; whether or not services are accessible etc.
Deficiency in any dimension will undermine capability e.g. legal knowledge; literacy; ICT; self-efficacy etc.

10. Tension: service number versus intensity
‘Unbundling’ attractive as a way to stretch scarce resources, and provide ‘something’ to more people.
Funding pivot
Also, recognises not all people need ‘fully bundled’ services to achieve good outcomes, some can effectively self-help … at least for some things?

11. Ladder of unbundled services
As legal assistance is increasingly unbundled…
… the contribution the client/user makes to outcomes increases

12. In the Australian context, a long history of ‘unbundled’ services, which together, form a ‘kit-bag’ of service strategies But limited knowledge of ‘what works’

13. Or … putting the ‘what’ and ‘works’ in what works
Challenges to building the what works evidence-base
Or … putting the ‘what’ and ‘works’ in what works

14. Challenges Service models lack clearly defined purposes & outcomes
Often unstated assumptions & conditions
Difficulty of collecting and measuring outcomes, and appropriate controls
Lack of baseline re ‘standard services’ & ‘innovation’
Lack of capacity & resources for outcomes evaluation
Cost/effort of measuring outcome will often exceed cost/effort of service

15. Learning from practice and innovation
Learn from practice and innovation
Standard service cf. new innovations, trials, experiments
Learn what works (and doesn’t)
for whom; for what; when & in what circumstances; to what end (achieved outcomes); at what cost $$$
to support planning & funding decisions
to build better, smarter, learning system & more effective and efficient services etc.

17. Challenges Clarity & specification of: Purpose(s) [What is ‘working’?]
What is it supposed to do?
Service model [What is the ‘what’?]
What is it? What elements? Nuts and bolts composition.
Outcomes [What is success?]
Does it work?
For whom? For what? Under what circumstances? When?
Is it better?
Than what? (RCT, A/B testing, counter-factual etc.)
On what basis? By what measures?

18. To try to move from the fruit salad … to more of a smoothie …

19. What works: services & systems
Can approach Q of what works from different levels/domains:
Service
Program
Organisation/agency
LAS Sector
Jurisdiction
Justice ‘system’

20. Levels/domains of innovation & outcomes
For the client (e.g. empower, capability)
For providers(e.g. evidence-based, quality, minimum expected service standards, A2J service principles)
For systems (e.g. wider system efficiencies etc.)

21. Tightly coupled system
Magistrates Court
Legal Aid

22. Some insights Service models & changing demand
Wider system factors
Combination of services may have better outcomes
Legal outreach
Uptake of legal self-help resources
Joined-up & ‘holistic’, wrap-around services

23. What works strategic framework: learning from unbundling & rebundling

24. Clarity of purpose & outcomes
What is the purpose?
What expect the client/user to do and achieve? (outcomes)
Resolve their legal problem?
Progress their problem?
Make more informed decisions about what to do next (i.e. empower, build capability etc.)?
‘Access’ available services?
Systems & evaluative ‘thinking’ approach

30. (more informed and empowered decisions)
Service level
To do
Who
Purpose
(to empower)
Client/user outcomes
(more informed and empowered decisions)
Just in time Just in case
CLEI
Self-help
Community (higher cap)
‘Filter out’ to alternatives
Support action – resolve/progress
Seek alternative
(justice gap)
Prevent
Better manage affairs
Get Help
Priority clients (lower cap)
‘Filter in’ to available assistance
Access available help
Enable Help
Problem noticers
Spot & refer in
Enable access to assistance – referral pathway
LA+ CLEI
Help
Tailored help to self-help
Access further assistance
Progress/resolve (self-help)
Get further assistance (if eligible)
Refer/seek alternative (justice gap)
LA + CLEI + MA
More help to match legal need & capability
Progress and support resolution
Progress/resolve
Seek representation (justice gap)
Complete transactions (e.g. wills, advance care directives etc.)
Grant
Priority clients
To meet legal need and resolve
Resolve
N/a

32. What works: strategic research agenda

34. Hugh M. McDonald hmcdonald@lawfoundation.net.au lawfoundation.net.au
Suzie Forell
healthjustice.org.au