chevron-down Created with Sketch Beta.

Experience

Experience April/May 2025

Technology and Access to Justice: Closing the Digital Divide

Ashley Hallene and Jeffrey M Allen

Summary

  • As legal services move online, the legal profession must address the digital divide and ensure equal access to legal resources.
  • AI-driven legal tools, virtual hearings, and e-filing improve efficiency and create accessibility challenges.
  • The legal profession must make digital legal services accessible to all, including low-income individuals, seniors, and rural residents.
Technology and Access to Justice: Closing the Digital Divide
Marc Romanelli/Tetra images via Getty Images

Jump to:

Technology has reshaped legal services, making court proceedings, legal consultations, and document management more efficient. Many legal professionals now rely on video conferencing, e-filing, and AI-driven legal tools to serve their clients. While these advances improve efficiency, they also highlight a growing issue: the digital divide.

Millions of people still lack reliable internet access, digital literacy, or the devices needed to engage with modern legal systems. This disproportionately affects low-income individuals, elderly populations, rural residents, and people with disabilities. As legal services shift online, those on the wrong side of the digital divide face serious barriers to justice.

Lawyers and courts have a responsibility to ensure that technology serves everyone, not just those with digital access. The legal profession can bridge this gap by implementing effective strategies and advocating for systemic change.

The Digital Divide and Its Impact on Access to Justice

Modern legal services rely on technology to improve efficiency, but not everyone can benefit from these advancements. Those without digital access face significant challenges when navigating the legal system. To understand the scope of this issue, it is important to examine how the digital divide directly affects access to justice. Limited or unreliable access can make it difficult to complete basic legal tasks, such as submitting court documents, consulting with attorneys, or attending hearings. This can lead to delays, confusion, and missed opportunities to defend their rights.

A mother in a child custody case, for example, may need to join a virtual hearing. Without home internet access, she depends on a weak mobile signal. The call drops repeatedly, disrupting the proceedings. The judge, unable to conduct a fair hearing, postpones the case. The delay prolongs her legal fight, increases stress, and adds financial strain.

Limited access to technology affects more than court appearances. Many legal aid services now operate online, making it difficult for people without internet or computer skills to seek help. Forms that once required a signature in person now demand digital submission. Court notifications arrive by email instead of mail. People who lack digital tools or knowledge risk missing deadlines or failing to respond to legal actions.

The shift toward online legal services has improved efficiency for many, but it has also widened the gap for those left behind. The consequences of digital exclusion extend beyond inconvenience. They threaten due process, restrict access to legal remedies, and weaken trust in the justice system. Addressing these challenges requires targeted solutions that ensure all individuals, regardless of their technological abilities, can access and participate in the legal process.

Legal Technology vs. Accessibility

The shift to online legal services has improved efficiency for many but has also widened the gap for those unable to connect. Courts and legal aid organizations increasingly rely on digital tools for case filings, client communication, and remote hearings. Those without internet access, computer skills, or the necessary devices face obstacles that can delay or prevent them from seeking justice.

The consequences of digital exclusion extend beyond inconvenience. Many individuals must file legal documents within strict deadlines, yet a lack of access to online systems can prevent them from meeting these requirements. A person without internet at home may need to travel miles to a public library or courthouse just to submit a form. If that form is unavailable in print, or if they need assistance filling it out, they may have no way to comply with court procedures.

A remote hearing poses another challenge. A litigant appearing in court from a phone with poor connectivity may struggle to hear or respond to questions. A frozen video or dropped call can mean missing key moments in their case. Judges, attorneys, and court staff may grow frustrated, and the person trying to participate may feel powerless.

These barriers affect more than individuals. Courts spend more time rescheduling hearings for those who experience technical difficulties. Legal aid organizations receive more requests from people who struggle to complete digital forms. Attorneys find it harder to communicate with clients who cannot check email or use secure online portals.

The following section presents data that illustrates these disparities. Without targeted solutions, a significant portion of the population will remain excluded from the legal help they need.

Barriers to digital access can create issues in the modern legal landscape.

Barriers to digital access can create issues in the modern legal landscape.

The data highlights the problem when digital access is a requirement for participating in modern legal proceedings. Without targeted interventions, these disparities will continue to exclude millions from receiving the legal assistance they need.

How Digital Divide Impacts Legal Access

Broad statistics highlight the problem, but understanding how these barriers affect individuals requires a closer look at specific challenges. The table below outlines common obstacles created by the digital divide and their direct impact on legal access:

Barrier Impact on Legal Access
No internet access Cannot file legal paperwork online, access legal aidwebsites, or attend virtual hearings.
Limited digital literacy Individuals may struggle with e-filing, videoconferencing, and legal document preparation.
Smartphone dependency It is difficult to complete legal forms or reviewcontracts on a small screen.
Language barriers Many legal websites lack multilingual options,making information inaccessible.

The challenges created by the digital divide are clear, but solutions exist. Lawyers, courts, and policymakers can take practical steps to reduce these barriers and ensure that all individuals have equal access to justice. The next section outlines specific strategies legal professionals can use to bridge this gap.

How Lawyers Can Bridge the Digital Divide

Closing the justice gap requires actionable solutions that address both technological and educational barriers. While systemic policy changes are essential, legal professionals can make an immediate impact by adopting inclusive service strategies that accommodate clients with limited digital access. Whether through alternative communication methods, accessible website design, or community partnerships, lawyers can ensure that digital innovation does not exclude those who need legal help the most. The following strategies provide practical ways to empower clients, improve accessibility, and make legal services more equitable for all.

  • Offer alternative communication methods: Clients should have the option of phone consultations, paper filings, and in-person meetings.
  • Use low-bandwidth, accessible tools: Instead of requiring video calls, provide text or voice-based legal support.
  • Ensure website accessibility: Law firm websites should follow ADA compliance, provide translations, and use plain language.
  • Partner with community centers: Local libraries, shelters, and senior centers can serve as hubs for legal access.
  • Host legal tech workshops at libraries and community centers to teach basic skills such as how to fill out legal forms online, access virtual courtrooms, and communicate with attorneys via email or secure messaging platforms.
  • Provide step-by-step guides that break down complex digital legal processes into simple, easy-to-follow instructions. These guides should be available in multiple formats (print, video, and online) and in various languages to accommodate diverse populations.
  • Set up telephone hotlines where clients can receive real-time tech assistance. This allows individuals without internet access to get help with digital legal tasks, such as troubleshooting login issues for virtual hearings or understanding how to use an online document portal.

By incorporating these strategies, legal professionals can help clients not only access justice but also build lasting digital skills that benefit them beyond their legal cases. However, ensuring equitable access to justice requires more than just technological adaptations. Legal professionals must also focus on education and outreach, equipping clients with the skills needed to navigate digital platforms.

Tools and Technology for Bridging the Gap

Implementing effective access strategies is crucial, but technology itself can also provide solutions. These solutions range from SMS-based legal aid services to AI-driven chatbots that assist with basic legal inquiries. By incorporating these technologies, legal professionals can provide support to clients who might otherwise struggle to engage with digital legal systems. The table below outlines some key tools that can help bridge the gap.

Tool Purpose
LawHelp.org Free legal information and legal aid referrals.
SMS-based legal aid Clients can receive legal assistance via text messageinstead of needing the internet.
Virtual legal kiosks Public terminals at libraries and courthouses allowclients to file forms and access legal information.
AI-powered chatbots Provides automated responses to common legalquestions.

While these tools offer promising solutions, their effectiveness depends on awareness and implementation. Lawyers and legal aid organizations must actively integrate these technologies into their practice and ensure clients know how to access them. Additionally, ongoing investment in legal tech innovation will be essential to further expanding these resources and refining their accessibility for underserved communities. Beyond technology, policy changes and advocacy efforts can help sustain and scale these solutions, ensuring long-term improvements in legal access.

Policy and Advocacy for a More Equitable Legal Tech Landscape

Bridging the digital divide in legal services requires systemic change. Courts must maintain hybrid systems that offer both digital and in-person options, while policymakers should expand broadband access to underserved areas. Simplifying online legal processes and supporting legal tech innovation can further ensure that technology serves as a tool for inclusion rather than exclusion. Lawyers, advocates, and policymakers must work together to push for these reforms, ensuring that digital advancements enhance rather than hinder access to justice. By prioritizing accessibility, user-friendly technology, and equitable legal access, the legal profession can help close the justice gap and uphold the fundamental principle that justice should be available to all, not just those comfortable with technology.

    Authors