Challenges of Digitisation: Delays and Difficulties Reported by Lawyers

The digitisation of legal processes in England and Wales is causing growing delays and frustrations for lawyers, according to a recent survey by the Law Society.

Private client lawyers, in particular, are feeling the impact of the new online probate process, with a majority reporting that it is taking longer than the old paper-based system. Family solicitors working in public law also expressed concerns about the lack of prompt technical support and difficulties in supervising staff using the new online system.

Users of the damages claims portal faced their own set of challenges, with many struggling to upload documents and receive necessary notifications. Overall, almost two-thirds of lawyers surveyed reported delays in court proceedings and the administration of justice as a result of the introduction of online portals.

The Law Society’s report, titled Online court services: Delivering a more efficient digital justice system, surveyed 722 solicitors, with more than half being private client lawyers. The findings revealed that family lawyers had the most difficulty dealing with their portal, followed by damages claims users and probate lawyers.

Despite the good intentions behind the court reform programme, researchers noted that lawyers were facing growing delays in the court system and increased costs due to inefficient technologies. They emphasized the importance of thorough testing and evaluation before implementing new technology to ensure it is fit for purpose.

The Law Society recommended that HM Courts and Tribunals Service (HMCTS) collaborate with users and stakeholders to design future online systems, establish minimum service level standards, and provide comprehensive staff training. They also called for a robust communication system with clear routes for urgent matters.

Nick Emmerson, president of the Law Society, highlighted the impact of these delays on clients, especially during already challenging times such as managing the estate of a deceased loved one or handling a child protection matter. He emphasized the need to address the increased stress and uncertainty caused by the digitisation of legal processes.