Legal jargon still a barrier to consumers, board research finds

Legal services need to be more accessible, and there is still much that the profession itself can do to improve matters, according to a report by the Legal Services Board in England & Wales.

The report focuses on three factors, other than affordability, that contribute to unmet legal needs. These are:

• inaccessible language and communications;
• lack of trust; and
• failure to cater for the needs of vulnerable consumers.

Using as examples the dentists' profession and the Financial Ombudsman Service, it explores how other sectors have tackled issues relating to jargon and developed guides, logos and customer information which made buying such services less daunting for consumers.

As regards lawyers it calls among other things for terms and conditions of business to be made more user friendly, by using summaries of key information similar to those required of pensions providers and energy companies. Whereas lawyers tend to regard lengthy terms and conditions as mitigating the risk of action, the LSB cites research showing that the longer and more complex the information provided, the less likely a consumer is to read or understand it.

The LSB believes that lack of trust would be improved by greater visibility and understanding of the role of regulatory and complaint services; and for vulnerable consumers it wants to see regulators of legal services adopt guidance by the Legal Services Consumer Panel on recognising and responding to vulnerability.

“Whilst some good progress has been made, more can be done”, the report states. “How regulators are responding to consumer vulnerability will continue to be a feature of our ongoing regulatory standards work.”

LSB chief executive Neil Buckley commented: "We know that a high proportion of consumers with a legal problem do not seek legal advice. Many of the barriers experienced are not unique to legal services.

“Our new report brings together a series of examples of how these problems are tackled in other sectors.”

Click here to view the report.