A legal services research centre report reveals significant unmet legal need in the civil justice system.

Paula Rohan explores what can be done to ease the crisis

Perpetrators of domestic violence received two pieces of good news recently: a report last week from the Crown Prosecution Service Inspectorate revealed that a quarter of all violent crimes are domestic offences, but less than 3% of incidents reported to police result in a conviction.

Perhaps more worrying is evidence suggesting that reported incidents could be just the tip of the iceberg.

A study by the Legal Services Research Centre (LSRC) - described by its author, Pascoe Pleasence, as 'the largest study of its kind anywhere in the world' - reveals that one-third of civil justice problems go unsolved each year because people do not seek help (see [2004] Gazette, 19 February, 3).

This rises to 64% of domestic violence cases.

Domestic violence is perhaps the most glaring example of unmet legal need revealed by the LSRC, which questioned 5,800 people about their civil justice problems between 1998 and 2001.

The Legal Services Commission (LSC) is proud that the findings illustrate that it helped 2.5 million people in 2002/03.

However, it admits that millions are still not getting the help they need, mainly because they do not know where to go for help or are in the dark about their basic legal rights (31% of respondents said this).

Others did not feel that their problem was serious enough or were too frightened to seek help.

The results highlight the fact that troubles occur in 'clusters', with a single problem often generating at least one other if it is not solved quickly enough.

Solicitors are, predictably, the biggest players in the civil advice game, the research showed.

More than one-quarter of respondents - 26% - went to a solicitor as their first port of call, followed by a Citizens Advice Bureau (CAB) or other not-for-profit agency (23%).

Organisations such as the police, trade unions and local authorities were also sources, although almost one in four sought advice from organisations that would not normally have expertise in giving legal advice.

The report noted that 15% of people who seek advice do not actually get it; in two-thirds of cases, this was because the adviser was not able to help.

Mr Pleasence said this was also down to 'referral fatigue' - the more clients are referred on, the less likely they are to have their problem solved.

Only 7% of solicitors referred clients on - and 40% of the time this was on to another lawyer - although the report said this might indicate a 'narrow focus' on clients' problems.

Unsuccessful attempts to get advice were less likely to be reported in connection with solicitors, and people were on the whole pleased with the service they received - solicitors and CABx were deemed to be 'helpful' or 'very helpful' 90% of the time.

'Active assistance' was given in 84% of cases dealt with by solicitors, who were also most likely to recommend that legal action was threatened or commenced; only 7% suggested mediation or conciliation, despite the focus by the government and LSC on out-of-court remedies.

Speaking to the Gazette after publication of the report, Mr Pleasence and LSC chief executive Clare Dodgson were reluctant to point the finger at anyone in particular over problems in the system, although Mr Pleasence said solicitors could improve their 'sign-posting' methods - the way they provide information to the public - and so promote awareness.

Ms Dodgson, meanwhile, suggested lawyers could 'innovate where necessary to allow people to access services' - for example, by getting involved with telephone advice and outreach projects.

In general, Mr Pleasence said clients could benefit from more legal education, adding that it might be worthwhile considering setting up a special education department within the LSC.

A more holistic approach to advice is also needed, he contended, with greater co-ordination between legal and non-legal providers of help.

The LSRC study focused on the behaviour of clients and the response of advisers in relation to their problems - it did not look at the wider attitudes of advice providers or levels of supply.

The LSRC will build on its existing data to monitor the situation, but many have argued that it has deteriorated since 2001.

Legal Aid Practitioners Group (LAPG) chairman Roy Morgan says: 'Sadly, government underfunding of advice services means that the problems are already even worse than when the fieldwork for this report was undertaken.'

Speaking at the launch of the report, legal aid minister David Lammy warned that there was unlikely to be any extra funding made available in the near future.

Law Society chief executive Janet Paraskeva said this is a shortsighted attitude, and has called on the government to set up a public information campaign to make people aware of their rights.

'Such a campaign could save public expenditure in the long term, as early legal advice can prevent social problems from escalating,' she said.

Mr Pleasence agreed that ultimately, there needs to be awareness that civil justice is an issue for general concern and not just for the likes of lawyers, the LSC or even the clients.

He acknowledged that, ultimately, the role of co-ordinating the development of a civil justice infrastructure that tackles the problems raised in his report falls to the government.

Representatives from the Society, LAPG and other legal groups are now gearing up to give oral evidence to the constitutional affairs select committee on the state of the legal aid system.

They hope that work undertaken so close to home, which backs up their concerns, will be influential and work to the benefit of both legal advisers and their clients.

The report, after all, is meant to inform LSC policy.

Perhaps what is telling about the LSRC findings is that although 59% of respondents said resolving their problem had been stressful, with one-quarter saying it had damaged their health, most people said it had been worth it in the end.

As Professor Hazel Genn, of University College London, said at the launch of the report: 'What people want most of all is to get on with their lives.'