Presenters: Olga M. Piaskowska and Piotr F. Piesiewicz
Access to justice is a core fundamental right of each individual. Access to justice typically means having a case heard in a court of law. However more broadly, it can be achieved through mechanisms such as legal aid, human rights institutions e.c. Obtaining legal assistance (legal advice) can undoubtedly take place in a form other than traditional (face-to-face meeting). In Poland, however, there are no platforms through which professional lawyers could provide legal advice, and on the other hand – through which people who need this help would be able to obtain it.
However we needed to take under consideration, that in the digital age internet gives the almost unlimited possibility of searching for information. People who need legal aid very often look for answers on their own on the Internet. Most information which are posted on the Internet are not verified. As a consequence, when people are looking for an answer they can find it, but but in many cases answers are not refers to the situation of the individual. Taking the above into account, it is necessary to examine the question whether in the digital era implementation of the right to obtain legal aid is easier and whether the possibility of using digital communication means allows effective implementation of this right?
In Poland, the legal aid system is mainly based on the possibility of obtaining an attorney’s assistance in proceedings (criminal and civil), if the individual prove that it is not able to incur the costs of legal assistance. It is also possible to obtain state-sponsored legal aid (such as legal advice). This possibility is regulated by the Act of 5 August 2015 on free legal assistance and legal education. It guarantees the individual free legal aid in the form of legal advice. Attorneys and counselors providing such advice (on the basis of an appropriate contract) receive remuneration from the State Treasury.
Legal Clinics existing in Poland since 1997. Despite the efforts of the Legal Clinics Foundation in Poland, Legal Clinics are not part of the system providing access to legal aid by the Act of 5 August 2015 on free legal assistance and legal education. Although they constitute an important element of support for access to legal aid. Legal Clinics have provided legal assistance in 8,424 cases from October 2014 to June 2016. There is no doubt, therefore, that they constitute an important element of the support system in the implementation of the guarantee of access to justice. Statutory solutions leaving legal clinics outside the system hinder the development of this valuable form of legal education. It raises a question whether technological solutions are not a chance for development for them? But firstly, whether technological development may improve the implementation of the guarantee of access to justice?
The statistics provided by the Central Statistical Office in Poland show that in 2017 at least one computer in the house had nearly 82% of households. 78% of households had access to broadband internet. We put forward a thesis that due to the universally progressing digitalization, in particular the access to the Internet, we need to take under consideration different form of providing legal aid (as a one of a tool ensuring access to justice). It seems, therefore, that enabling individuals to benefit from legal assistance using technological tools may affect the implementation of the guarantee of the right to justice in a broad sense.
Among others, to these questions, we tried to find the answer during our research. The aim was to analyze the issue of ensuring the implementation of the access guarantee to legal aid in the realities of easy access to information in digital form (including legal ones). Our presentation contains the results of the research.
Research is important not only to determine the impact on the access to justice itself, but also to the legal education. Law schools should take into account the fact that the development of technology also refers to the forms of providing legal services in the future. Consequently, they should also prepare students for their future work, equipping them with appropriate tools. In our presentation, we would like to present some of the results of this research in relation to legal education. Future legal adepts belong to the professional group that will be involved in ensuring the implementation of this principle.
