(Re)Imagining Access to Justice Through UX Design (Part 2)

Whilst access to justice has been recognized as a fundamental right, its realization in practice has often been undermined by resource, political, and even technological concerns. Legal technologist Professor Richard Susskind has made the interesting assertion that a court of law is no longer being seen exclusively as a place or mere facilitator of access to justice. Instead, a court of law has now come to be seen as a service, particularly as the paradigm shift in the administration of justice occasioned by the advent of COVID-19--which effectively ushered in “the transition to technology-based justice”—continues to be the order of the day (see Richard Susskind, “The Future of Courts” (July/August 2020), The Practice: <The Future of Courts - Harvard Law School Center on the Legal Profession>). This interesting and rather unconventional conception of a court of law as a service, instead of just a place, coupled with the unmistakable resilience of remote court hearings as one of the predominant modalities through which justice has been administered in a post-COVID-19 era, arguably creates opportunities for UX design to be leveraged as an important tool for transforming court service thereby improving users’ interactive experience with the court system, and ultimately promoting increased access to justice.

Generally speaking, there are several ways in which UX Design can be leveraged to do this. One such way involves proactively incorporating UX Design in the development of “decision trees and diagnostic systems” aimed at enhancing the user experience of court users, and especially self-represented litigants, who will be better empowered to understand their legal entitlements and obligations as a result. To be sure, ‘guides that help identify the options for resolution that are open to users…[and]…tools that can help non-lawyers organize their evidence and formulate their arguments…” would prove particularly useful in this context (Richard Susskind, “The Future of Courts”, supra). The use of AI, and in particular generative AI technologies, can facilitate the quick and efficient production of these informational guides that can better assist court users, with no legal background, to understand their legal rights and obligations across varied contexts as well as to effectively organize their evidence and formulate their arguments where they are self-represented. Of course, as with every AI technology or application, ethical considerations must guide their deployment, particularly in a context where they are utilized to promote increased access to justice.

Within Jamaica’s unique socio-cultural milieu, litigants and other court users often face formidable barriers to accessing justice. These barriers include but are not limited to: an enduring backlog of cases which invariably affect the speed with which matters entering the court system can be effectively disposed of; a shortage of courtrooms and other physical infrastructure necessary to facilitate the effective dispensation of justice; the complexity of standard court language which is hard for those Jamaicans who do not speak standard English, or who only speak some dialectal variation of Standard English, to understand; and self-represented court users with no legal background often face challenges in understanding their legal rights and responsibilities. Against that backdrop, UX Design can be leveraged to promote increased access to justice by:

1. Promoting the conduct of user research and testing to better the specific challenges and pain points faced by members of the Jamaican populace, especially those belonging to traditionally excluded and underserved groups, in accessing justice. Tailor-made solutions can then be contemplated and designed to incrementally address their unique needs so that their experience with the court system can be positively impacted;

2. Facilitating the creation of user-centred and user-friendly websites, digital platforms, and mobile apps that not only simplify court practice and procedures but also help Jamaican court users locate and access relevant legal information, resources, and other legal aid services. This will be especially helpful to self-represented court users who do not possess specialized legal knowledge and would therefore have challenges deciphering and understanding their legal rights and responsibilities across various contexts. These digital platforms must also be oriented towards promoting inclusivity by incorporating features that contemplate and accommodate the needs of traditionally excluded groups including Jamaicans with disabilities, Jamaicans who are socio-economically disadvantaged, and basilect-dominant Jamaicans;

   
   

3. Supporting the development of engaging and culturally relevant educational material and legal literacy tools, which may be presented through interactive tutorials, videos, document templates, and step-by-step guides that clearly and engagingly break down complex legal concepts for self-represented court users with no legal background;

   
   

4. Enabling the implementation of feedback mechanisms for digital platforms that facilitate access to legal services that will allow court users to report relevant issues and propose recommendations for improvement. This intervention can especially be beneficial for victims of gender-based violence who often face formidable barriers, particularly when economically disadvantaged, to accessing justice through the court system since it can help to make the court system more sensitive to the unique needs of victims of GBV thereby allowing for the introduction of critical reforms that reflect a sensitivity to those needs. In the final analysis, the court user’s interactive experience with the court system will only be enhanced in both the short-term and the long-term;

   
   

5. Supporting the optimization of scheduling and resource management strategies within the court system. This can be done through the creation of scheduling systems that seek to optimize court dates based on, among other things, courtroom resources, and the urgency of a matter. It can also assist with minimize gaps in the scheduling process thereby making the process by which matters are scheduled for hearing more efficient. This would no doubt be a welcomed development in a context where there is notable a lack of physical infrastructure, in the form of courtrooms, necessary for the effective dispensation of justice in Jamaica;

   
   

6. Empowering self-represented court users in particular by supporting the implementation of mechanisms that enable them to track the status of their matter as it progresses through the court system thereby enhancing, at least in some measure, their interactive experience and ultimate satisfaction with the court system;

   
   

7. Improving e-filing systems by making it easier for court users, and especially those who are self-represented, to file documents required for the initiation and progression of matters in court. This intervention can help to reduce physical paperwork, reduce the need for manual entry, expedite case processing, and also unburden court staff who will have more time to dedicate to ensuring that the court system functions effectively, and will therefore be made more convenient for use by court users. It was recently announced that plans are underway to implement electronic filing within Jamaica’s court system (Our Today, “New technology to enhance access, efficiency and fairness of judicial system”, April 17, 2024: <Our Today>). As such, it would be useful for any e-filing system to incorporate, as critical features, simplified forms that will be easy to complete and submit electronically, automated validation that will allow for the detection of errors before submission (this is designed to reduce the need for resubmission), and mobile optimization, which is intended to facilitate the filing of documents from any device at any time.

   
   

In sum, UX Design can be leveraged to facilitate greater access to justice in several ways both within Jamaica, as well as more generally. Certainly, and to the extent that the user-centric approach championed by UX Design is employed with strategic intentionality, it can improve the efficiency, transparency, usability, accessibility, and public trust in the legal processes which will help to promote greater access to justice, particularly for traditionally excluded and/or underserved groups.