Direct
Public Access – Can lawyers deliver?
The legal regulatory bodies
have made it easier for both solicitors and barristers to engage directly with
members of the public to provide open and transparent services. Can, though,
the establishment make things even easier and overcome the inhibitions and
suspicions some of their prospective clients have about the legal profession?
Despite trying and, in some
cases, succeeding, to make it easier for lawyers to talk to ordinary folk there
does seem to remain a reluctance from Mr and Mrs Public to take their legal
problems to those best equipped to solve them.
For many, lawyers seem distant,
unapproachable, stuffy, judgemental, intimidating and, above all, expensive. Some lawyers,
though, have gone a long way to ensure that their websites are easily
accessible, their high street offices welcoming, their staff down-to-earth and
their prices reasonable; though these are in the minority, it seems. There are
also some lawyers who don’t want to have ordinary folk as their clients and
deliberately discriminate against them and market to the monied middle classes.
Solicitors can find it easier
to appeal to and accommodate direct public access clients. Their locations, business
plans, experience and general ease-of-use work in their favour. The Bar,
however, have a bigger problem. Their offices (or chambers as they will
continue to call them) are not, normally, found in that part of town members of
the general public frequent. Their tradition and experience is dealing with
professional clients. Many don’t have manned reception areas, have inadequate
waiting areas and insufficient conference rooms where private discussions can
take place. The Bar is also having problems coming to terms with the necessity
and mechanism of the ‘up-front’ payment direct public access necessarily
demands.
Naturally, the market responds
to these opportunities and challenges and there are a growing number of
entrepreneurial businesses trying to ensure that it’s as easy as possible for
members of the public to make contact with lawyers. These are, mainly,
web-based and offer on-line or telephone access to solicitors or barristers
with user-friendly and transparent pricing.
All of the above suffer from
the same inherent problem; it’s hard for members of the public to find them.
Solicitors’ offices and
barristers’ chambers can be hard to find and opening hours and
appointment-making might be inconvenient, especially during the working day
when it could be hard for a potential direct public access client to get out of
work. Some legal businesses are open on Saturday mornings though their,
normally, city centre locations can be equally inconvenient for a suburban or
country dweller.
Web sites make the search
easier, of course, though some degree of knowledge about what to enter into the
search engine is needed and, unless the site owner has worked on web
site-optimisation, it could be a long and fruitless search.
The easiest way to encourage
and allow members of the public to access and use legal services must, surely,
be to take those services to them in places they visit regularly or can get to
with.
Indeed, there are some
solicitors’ businesses who have a presence in public places such as shopping
centres and there are others who have dedicated, high street shop-fronts
looking more like a shop than a solicitors.
Taking this a logical step
further Instant Law are installing private, secure booths or working areas in
public libraries up and down the country so that members of the public can, at
their convenience and without an appointment, talk to a lawyer and get advice.
Using unique, state-of-the-art
video conferencing software and an easy to use, on-screen start page a member
of the public can see and speak to a lawyer and, at the end of a 20 or 30
minute, free, initial consultation, will know if they have a case which can be
progressed, what the next moves might be and, more importantly, how much it is
all liable to cost.
This service is becoming
increasingly popular with libraries and a growing number are incorporating it
in the wide range of public services they offer to their users.
This democratisation of direct
public access is, through public libraries, reaching a wide audience.
Birmingham Central Library, for example, has a foot-fall of about 4
million/year and the Paradise Shopping Centre, to which it is attached has a
foot-fall of 3 million/week.
Large conurbations, such as Manchester , Liverpool and Newcastle , have about a million people a year
using them. There are about 3500 public libraries in the country and they, like every other business, are looking for innovative ways
to encourage people to use them and their growing list of services.
Maybe initiatives like Instant
Law teaming up with public libraries is one way that the legal profession can
widen their appeal and offer members of the public services at their
convenience and on their terms?
Ian Dodd:
Before
joining Instant Law UK Ian spent six years running a major Chartered Surveying
business, which was an introduction to professional services and the last ten
years being a CEO in barristers' chambers and forming a start-up Alternative
Business Structure. Ian’s experience has given him a thorough understanding of
the legal profession
Ian,
ReplyDeleteA very well written article. You are right in that the typical chambers is not as 'public access friendly' as your typical high street solicitors, which is why public access is doing so well online. These types of online services are also raising the awareness of the public access scheme - it still surprises me how few people understand or even know of it.
Melanie
For any ordinary man, they can only put their full trust to teir attorney.
ReplyDeleteAttorney Macon
Good lawyers equals good chances in winnng your case.
ReplyDeleteMacon Lawyers
In our personal experience, using a barrister directly was much more efficient than going through a traditional law firm. The advice is of course still expert but is delivered much more quickly
ReplyDeleteThere is another story common to smaller firms, which may not always lead to the same fate.
ReplyDeleteI couldn't agree more with the comment, "High stakes commercial and financial cases are the firm’s bread and butter." however I do believe that not all new firms have signed up to this idea, or perhaps just don't have the interest to do so.
Many of the smaller law firms find a lucrative, regular flow of work from traditional conveyancing, but the problem here, and I do think it's a serious problem, is that this sort of work is being swallowed up by the vast numbers of licences conveyancers which are so often tied to an estate agent. Why do I think this is a problem? Because the estate agent, whilst at all times must adhere to the law and so forth is not in fact regulated and does not need to adhere to the very strict requirements and regulations of the Solicitors Regulation Authority. In my personal experience I have had an agent attempting to manipulate our decision to use an in-house 'legal team' (not solicitors) by using the exact phrase, "If your vendors fees become onerous, you will become liable to those fee". Now read that again, and I assure you 100% that this was their exact wording.
So is the real problem with the high street firms that they are being pushed out of more and more lines of work? Or would you say this is the correct course of action, but perhaps requires firmer regulation of those bodies of 'professionals' taking up the work in lieu of the solicitors.
On another front, we have been working closely with direct access barristers in order to reach out to a wider audience online, because this is now where, according to a major search engine, 97% of customisers first look when looking for a product or service.
Small first can grow large, but they must grow smart first.