EQUAL JUSTICE AND THE DIGITAL
REVOLUTION: USING TECHNOLOGY
TO MEET THE LEGAL NEEDS OF
LOW-INCOME PEOPLE
A REPORT BY JULIA GORDON
On the
Project for the Future of Equal Justice
We know Technology has changed the way we do
everything including work, play, communicate, learn
and obtain goods and services
The pace of change has not been the same for every
part of society
IN THE MID-1990s, ORGANIZATIONS PROVIDING
CIVIL LEGAL ASSISTANCE TO LOW-INCOME
PEOPLE WERE BEGINNING TO USE NEW
TECHNOLOGIES ON AN INCREASINGLY
REGULAR BASIS
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Word processing
 Accounting software
 Early computerized case management systems
 Few programs had their own websites
 Only a minor portion of those few websites had legal or
practice information for staff and clients
 < 1/2 of advocates used outside email or computerize legal
research tools and less than that had access to the internet
THE PROJECT FOR THE FUTURE OF EQUAL JUSTICE,
A JOINT EFFORT BY NATIONAL LEGAL AID AND
DEFENDER ASSOCIATION AND THE CENTER FOR
LAW AND SOCIAL POLICY 1997-2001 (NLADA AND
CLASP)
THE PROJECT’S GOAL WAS TO HELP LEGAL SERVICES
PROGRAMS INCREASE AND IMPROVE THEIR USE OF
NEW TECHNOLOGIES
THE PROJECT FOR THE FUTURE OF EQUAL
JUSTICE, A JOINT EFFORT BY NATIONAL LEGAL
AID AND DEFENDER ASSOCIATION AND THE
CENTER FOR LAW AND SOCIAL POLICY 19972001 (NLADA AND CLASP)
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To help legal services programs improve and increase use
of new technologies…
– Setting up websites devoted to increasing use of new
technologies
– Training and education on new technologies
– Modeling the use of innovative technology
– Disseminating information about best practices
– Pushing increased funding for technology
– Convening advisory groups to plan and provide a vision
IN 2002…
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Almost every legal services advocate has access to the internet and
email and uses both daily
Legal aid programs have sophisticated case management systems
Many legal aid programs have document assembly software to
generate correspondence and pleadings
Most legal aid programs have some sort of website
More than 30 states have state websites with information useful to both
advocates and clients and other states are in the process of building
such a site
National websites have substantive legal information and information
on delivery, management, and technology
States have a central phone number for client referral or to obtain brief
advice about their legal problems
THE TECHNOLOGICAL ADVANCES OF 2002 HAVE
HAD A HUGE IMPACT ON THE LEGAL COMMUNITY
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Expanded access to legal information for both client and advocates
through internet and email technologies
Expanded access for clients by using telephones for screening,
obtaining basic client information, referrals, and providing brief advice
and services, and also by posting information on the internet
Better case management and data collection, along with automated
templates for document creation
Improved communication between lawyers and clients through new
telephone technologies, cell phones, and videoconferencing
Easier staff and volunteer recruitment through email and internet
New Avenues for outreach to clients and the public
Increased training opportunities for advocates
The result is a greater sense of community through technology
8 RECOMMENDATIONS FOR THE LEGAL SERVICES
COMMUNITY TO CONTINUE TO IMPROVE ITS USE
OF TECHNOLOGY TO PROVIDE EQUAL JUSTICE FOR
ALL
NEW TECHNOLOGIES ALLOW LEGAL
ASSISTANCE PROVIDERS TO
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CONDUCT BETTER RESEARCH
WORK MORE COLLABORATIVELY WITH OTHER
ADVOCATES
LEARN MORE READILY
WHICH WOULD RESULT IN:
– HIGHER QUALITY WORK PRODUCT
– SERVING CLIENTS MORE EFFICIENTLY
A FEW EXAMPLES OF HOW TECHNOLOGY
COULD IMPROVE LEGAL SERVICES
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CLIENTS COMMUNICATING ATTORNEY USING VIDEOCONFERENCING
INEXPERIENCED PRO SE LITIGATORS VISITS COURT
WEBSITE WITH INSTRUCTIONS, VIDEO TOUR, HELP WITH
HIS CASE, HELP FEEL LESS INTIMIDATED
NEW FORMS CAN GET IMMEDIATE DISTRIBUTED
CHECKING FOR CONFLICTS OF INTERESTS INSTANTLY,
EVEN BETWEEN SATELLITE LEGAL AID OFFICES
EMAIL COMMUNICATION BETWEEN ATTORNEYS OF
DIFFERENT JURISDICTIONS
A PRO BONO ATTORNEY ACCESSES A STATE-WIDE WEBSITE
TO ASSIST HIM IN AN AREA OF LAW HE IS UNFAMILIAR
WITH
STATISTICS

1997-18.6% HOMES HAD INTERNET ACCESS
 2001-54% HOMES HAD INTERNET ACCESS
 ON-LINE SALES WERE $13.8 BILLION
DURING 2001 HOLIDAY SEASON
 BUT, WHILE OVERALL INTERNET USAGE
HAS INCREASED, THE NON-PROFIT
COMMUNITY LAGS BEHIND THE BUSINESS
COMMUNITY IN ADOPTING NEW
TECHNOLOGIES
STATE’S TECHNOLOGY
PLANNING PROCESSES
COVER:
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Software acquisition
User training and technical assistance
Case management systems
Free on-line informational resources
New technologies for pro se delivery
New technologies for intake
Communications among legal services and
social services
WHAT CAN BE DONE ON
THE NATIONAL LEVEL?
Establish a national support network to
link the specialized websites providing
targeted information
 Establish a national technology-based
support center to fill support gaps and
improve access to information for lowand moderate-income people
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FOCUS ON ADVOCATES
What do advocates want?
 What can advocates do to increase the
flow of technology?
 On-line resources for advocates
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WHAT DO ADVOCATES WANT?
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ADVOCATES WANT
TO FEEL MORE
CLOSELY
CONNECTED TO
EACH OTHER AND
THEIR CLIENT
COMMUNITIES
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ADVOCATES WANT
TO LEARN HOW
NEW
TECHNOLOGIES
CAN HELP THEM
PROVIDE BETTER
AND MORE
SERVICES TO
THEIR CLIENTS
WHAT CAN ADVOCATES DO?
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SHARE YOUR WORK-USE AND CONTRIBUTE TO
COLLECTIVE KNOWLEDGE BASES
THINK CREATIVELY ABOUT TECHNOLOGICAL SOLUTIONS
TO PROBLEMS YOU ENCOUNTER AT WORK, AND TELL
YOUR MANAGERS AND IT STAFF ABOUT NEEDS YOU
IDENTIFY
TAKE RESPONSIBILITY FOR UNDERSTANDING THE
SOFTWARE YOU USE, AND ASK FOR MORE TRAINING IF
YOU NEED IT
USE TECHNOLOGY, SUCH AS THE INTERNET OR
VIDEOCONFERENCING WITH CLIENTS WHO HAVE TROUBLE
COMING INTO THE OFFICE FOR ONE REASON OR ANOTHER
WHAT CAN ADVOCATES DO? (continued)
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COLLECT STORIES ABOUT WAYS IN WHICH TECHNOLOGY
HAS HELPED YOU HELP YOUR CLIENTS AND SHARE WITH
OTHER ADVOCATES
PROBE CLIENTS FOR TECHNOLOGY BASED OBSTACLES
THEY MAY BE FACING AND EXPLORE SOLUTIONS
CONSIDER HOW YOUR CLIENTS COULD USE NEW
TECHNOLOGIES TO ACCESS INFORMATION THAT WOULD
HELP THEM PREVENT LEGAL PROBLEMS OR LESSEN THEIR
SEVERITY
EDUCATE CLIENTS THAT YOU CAN’T REPRESENT ABOUT
TECHNOLOGIES THEY COULD USE TO ADDRESS PROBLEMS
ON THEIR OWN
ON-LINE RESOURCES FOR
ADVOCATES
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www.probono.net
– Online tools to support poverty law advocates & pro
bono attorneys
– Allows users to share information on-line
– Training materials, model pleadings, links, current
events page
– Member email lists
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www.lawhelp.org
– Geared toward the general public and people searching
for assistance with legal problem
– Referrals, community legal education programs, pro se
materials, links to social service support
ON-LINE RESOURCES FOR
ADVOCATES (Continued)
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www.corporateprobono.org
– Help in-house counsel find pro bono opportunities
– Help organizations with pro bono programs to attract
volunteer attorneys by posting program information
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www.illinoisprobono.org
– Training and practice support for Illinois attorneys
– Directory of legal organizations
– Volunteer opportunity search
CREATING EQUAL JUSTICE
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Improving program and office management
 Increasing access to assistance and information for
advocates
 Improving client education, preventing legal
problems and assisting pro se litigants
IMPROVING PROGRAM AND
OFFICE MANAGEMENT
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Intake- Use telephone to weed out potential clients
and provide referrals. Saves multiple trips and
meeting time.
 Case management systems- Have all client intake
information entered into a database. Quicker
conflict checks, easy statistics, case transferability,
and a supervision benefit.
 Data collection- simplify collecting and aggregating
data. Easier for reporting to funders, tracking costs,
and sorting by demographics.
IMPROVING PROGRAM AND
OFFICE MANAGEMENT (cont)
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Document assembly- automatically generate forms,
pleadings, or correspondence, using preformatted text. Set a
standard of quality and can be easily updated. Automatic
calculators, child support, income tax credits.
Remote representation- cell phones, lap tops, PDAs has
almost all information at an attorney’s fingertips.
Videoconferencing- avoids traveling time for meetings.
Staff and volunteer recruiting- Job Postings, Legal aid
providers- list serves send information quickly to those who
want it.
INCREASING ACCESS TO ASSISTANCE AND
INFORMATION FOR ADVOCATES
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Research- the switch from books to the
internet has led both advocates and
consumers to up-to-date informational
resources.
– Legal Research and Public Information
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Published opinions, regulatory info, law review
Overcomes limited time and library resources
Obtaining info about opposing party is simplified
Instant updates about government programs and
social services available to clients. (e-mail, listservs)
INCREASING ACCESS TO ASSISTANCE AND
INFORMATION FOR ADVOCATES (cont)
– Equal Justice Information- Increase in legal aid
programs. Provide advocates with resources including
brief banks, training calendars, practice manuals,
research material, bulletins on legal developments, and
links to related sites.
• www.nlada.org, www.ptla.org, www.helpmelaw.org,
www.nwjustice.org
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Training- legal services have begun to use technologybased tools for increasing advocate access to training.
– See www.m-i-e.org, and state websites for registration, calendar,
and syllabi.
– Tools used in Training: Videos, Cd-Roms, Streaming videos,
Online classes, Online Workshops, and Online Audio Links.
INCREASING ACCESS TO ASSISTANCE AND
INFORMATION FOR ADVOCATES (cont)
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Communications and Community- The use of email and listservs has promoted advocates to
communicate and collaborate easily,
inexpensively, and frequently. Ultimately
achieving better representation for the client.
– Electronic Filing- the next step. See www.ptla.org Pine
Tree Legal Assistance
IMPROVING CLIENT EDUCATION,
PREVENTING LEGAL PROBLEMS, AND
ASSISTING PRO SE LITIGANTS
 Information for Low-Income People and
Communities- before people relied on an attorney
which took up valuable time and resources and a
client’s child care needs and work schedule.
– Brochures and other forms of info have moved to
websites eliminating: distribution issues, traveling, phone
calls
• Remaining problems- internet access, low literacy skills, little
computer exposure, or mental illness.
• Yet, information accessible to intermediaries such as friends,
relatives, social service workers, librarians, and teachers.
– Hyperlinks- interlinked sources help clients find a great
deal of content.
IMPROVING CLIENT EDUCATION,
PREVENTING LEGAL PROBLEMS, AND
ASSISTING PRO SE LITIGANTS (cont)
– Tools Include:
– Website tools:
• Zip code/county searches which locate services near clients
• Pro Se websites that help litigants create properly formatted,
attractive, and persuasive court forms and pleadings
– Computerized logic templates to help analyze their case and
highlight which information is appropriate info to the court.
– Courthouse Kiosk/Library Tools/or Online:
• Video screens- show how to navigate through the courthouse
– How to present their case
• Audio files- present information for clients who can’t read (due
to illiteracy or disability)
IMPROVING CLIENT EDUCATION,
PREVENTING LEGAL PROBLEMS, AND
ASSISTING PRO SE LITIGANTS (cont)
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Hotlines- Don’t forget the telephone!! Hotlines
can provide advice, referrals, services, or conduct
intake for legal aid programs.
– Computerized case management systems provide easy
tracking and conflict checks
POSSIBLE AREAS OF IMPLEMENTATION FOR
KIOSKS, VIDEOCONFERENCING, INTERNET
ACCESS
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SUGGEST PLACING THESE TOOLS IN
LIBRARIES, POST OFFICES, HOMELESS
SHELTERS, BATTERED WOMEN’S
SHELTERS, CHURCHES, POLICE STATIONS,
GROCERY STORES, OTHER COMMUNITY
POINTS, TARGET, WAL-MART
 NO TRAVEL, SAVING TIME AND MONEY,
FASTER INTAKE
RECOMMENDATION #1
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Broaden the base of funding for
technology-related work.
RECOMMENDATION #2
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Address substantive issues at intersection
of technology policy and low income
policies (access, literacy, training, computer
intelligence)
RECOMMENDATION #3
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Provide community legal education and
assist pro se litigants
RECOMMENDATION #4
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Create a culture of information sharing
RECOMMENDATION #5
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Develop better and more integrated
technologies
RECOMMENDATION #6
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Higher commitment to technology at
organizational level
RECOMMENDATION #7
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Evaluate the use of new technologies
RECOMMENDATION #8
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Work collaboratively to plan, execute and
support technology-based work.
LSC TIG initiatives
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http://www.lscopp.com/techsite/Linkpag
es/TIG%202003%20Notice.doc