Annex C. Topics included in Legal Needs Surveys to date

This annex sets out the full range of topics included in the more than 50 surveys set out in Table ‎1.1 and Table ‎1.2. Some surveys addressed only a few topics, others many. No survey has addressed or could be expected to address all the topics detailed.

    

Attitudes (general)

  • Attitude towards justice system (lawyers, courts, traditional dispute resolution, etc.)

    • Accessibility (including cost, etc.)

    • “Interpersonal justice” (including respect, etc.)

    • “Procedural justice”/fairness (including neutrality, manipulability, etc.)

    • “Informational justice” (including transparency, clarity, etc.)

    • Effectiveness (including timeliness, whether solves problems, etc.)

    • What is most effective means to solve problems today

    • What is most common means to solve problems today

Attitudes (to processes used)

  • Fairness of process

    • In general

    • “Interpersonal justice”

    • “Procedural justice”

    • “Informational justice”

  • Whether costs reasonable

  • Influence on process

  • Emotional response to process

  • Physical state of institutions (accessibility, location, cleanliness, facilities, etc.)

Capability/empowerment

  • Awareness of law – Reported problem

    • at time problem commenced

    • at later date

    • reasons for change

    • Hypothetical (see “Hypothetical scenarios”)

  • Awareness of legal services - General (open question/list)

    • Reported problem (open question/list)

    • Defined problem (see “Hypothetical scenarios”)

    • Proximity

    • Most accessible

    • Legal aid/free legal services (general/specific services/specific problems)

    • Legal aid eligibility

    • Legal Aid reform

    • Cost of legal services

  • Awareness of processes/institutions

  • Subjective legal empowerment

  • Perceived character of reported problem (including whether seen as “legal” / whether considered a problem that should be dealt with using legal mechanisms)

  • Whether aware of legal implications of problem

  • Whether equipped to deal with experienced problem at outset (general, understanding, knowledge, etc.)

  • Ability to meet cost, time, etc., of acting (see also “Cost of problem resolution”)

Causes and consequences (of identified justiciable problems)

  • Links between reported problems

  • Whether reported problems contributed to or followed on from one another

  • General impact on life

  • Details of broader causes of problems

    • Personal

    • Social

    • Economic

    • Health

    • Environmental

  • Details of broader impact of problems

    • Personal (fear, loss of confidence, substance abuse, etc.)

    • Social (damage to relationships, child behaviour, etc.)

    • Economic (lost employment, income, home, etc.)

    • Health (mental, physical, etc.)

    • Environmental (property damage, etc.)

  • Duration/cost of period of lost income

  • Duration/value of period of welfare receipt

  • Use (and type/extent of use) of public services (e.g. health services)

  • Other costs of problem impact

  • Was any of loss insured/how much recovered through insurance

Choice of advisor

  • How found out about advisor

  • Whether (in seeking assistance) information sought on:

    • Available services

    • Recommendations

    • Expertise/timeliness

    • Costs of services

    • Regulation of services (and if not, why not)

  • Difficulty of obtaining advice

  • Whether respondent knew what sort of assistance required

  • Factors in choice (e.g. distance, cost, reputation, ethnicity, etc.)

Cost of problem resolution

  • Fees paid by respondent

    • Information/documentation/advice/representation

    • Courts and other processes

  • Fees met by third parties

    • Information/documentation/advice/representation

    • Courts and other processes

  • Itemisation of fees

    • Global

    • Itemised (to whom, for what, etc.)

  • Where payments made by respondent, source of funds (e.g. savings, loan, etc.)

  • Form of fees (fixed, hourly billing, etc.)

  • If not fixed fees, whether and what estimate provided at outset (and form of communication)

  • Explanation of higher fee than estimate

  • Whether any negotiation on fees, and if successful

  • Legal aid

    • Whether Legal Aid applied for

    • Whether Legal Aid received

    • If refused Legal Aid, why

    • What Legal Aid covered

  • Details of other third parties meeting fees (e.g. Legal Aid, insurance company, etc.)

  • Other monetary costs borne by respondent (e.g. travel, communication, evidence gathering, babysitting etc.) (global, itemised)

  • Whether bribes required to be paid as part of problem resolution process, how much and to who

  • Other monetary impacts (e.g. lost income (associated with time needed to resolve problem), etc.)

  • Proportionality of costs

  • What would be an acceptable amount to pay

  • How much would have been willing to pay

  • Time spent resolving problem (globally/by activity)

  • Other (non-money/time) impact of resolution (e.g. stress, damage to relationships)

  • Cost as an obstacle to action (see also “Reasons”)

    • Whether

    • Which aspect of dispute resolution

    • Whether/where information about costs obtained

    • Why information about costs not obtained

Courts/tribunals (see also “Processes used”)

  • Whether court/tribunal contacted

  • Whether formal process issued

  • Which court/tribunal

  • Whether hearing occurred

  • Whether respondent attended

  • Tasks undertaken by respondent

  • Whether referred to mediation/conciliation

  • Whether pressed to give particular testimony

  • Whether respondent (and other party) represented, and by who

  • Attitude/nature of experience (see “Attitude to processes used”)

  • Outcome (see also “Outcome”)

Demographics

  • Household characteristics

  • Personal characteristics

Experience of justiciable problems

(open question/presentation of categories/ presentation of detailed problem types) (single or multiple reference periods)

  • Number of problems experienced

  • Nature of problems experienced (see “Nature of identified justiciable problems”)

Formal assistance (from independent “advisors”)

  • Details of advisor(s)

  • Whether friend/relative

  • Whether advisor(s) were trained lawyer(s)

  • Independence of advisor(s)

  • Who appointed/chose lawyer(s)

  • Demographics of advisor(s)

  • Number of advisors

  • Ordering of advisors

  • Date of first contact with advisor(s)

  • Links between use of different advisors (e.g. signposting, referral, etc.)

  • Why particular advisor(s) chosen (see “Choice of advisor”)

  • Nature of assistance (see “Nature of assistance provided by advisors”)

  • Form of communication/mode of contact (see “Mode of contact”)

  • Distance of advisor(s)

  • Mode/duration of travel (see “Cost of problem resolution”)

  • Number of times advisor(s) contacted

  • Duration of contact (see “Cost of problem resolution”)

  • Obstacles/barriers to access (e.g. opening hours, distance, cost, language, etc.)

  • Whether assistance obtained through an intermediary

  • Whether respondent had to pay (see “Cost of problem resolution”)

  • Satisfaction with assistance obtained

    • Global

    • Communication

    • Honesty

    • Timeliness

    • Action

  • Reasons for satisfaction/dissatisfaction

  • Response to being dissatisfied (complaint, advice, etc.)

  • Use/satisfaction with response of regulator

  • Consequences of response (apology, fee reduction, etc.)

  • Utility of assistance obtained

  • Relative utility (where multiple advisors) of advisors

  • Timeliness of assistance

  • Which was “main” advisor (or most useful)

  • Impact of assistance from advisors on social, health, and economic circumstances

Historical use of legal services/processes

  • Whether/when services used

  • Whether/when processes used

Hypothetical scenarios

  • Vignettes

    • Awareness of law (see “Capability/empowerment”)

    • Awareness of legal services (see “Capability/ empowerment”)

    • Predicted problem resolution strategy (global and elements (e.g. use of advisors))

    • Reasons for choice

  • Future experience of similar problems (to those reported)

    • Whether different problem resolution strategy likely (global and elements (e.g. use of advisors))

    • Predicted problem resolution strategy (global and elements (e.g. use of advisors))

    • Reasons for choice

  • If somebody else experienced same problem

    • Would recommend same strategy/advisor(s)

  • Generic

    • Predicted problem resolution strategy (global and elements (e.g. use of advisors, processes, etc.))

    • Who would not discuss with

Information (excluding information about advisors)

  • What type of information sought

  • What type of information obtained

  • Where information obtained from (see also “Use of Internet”)

  • Reason for obtaining information from identified source(s)

  • Utility of information

Mediation, conciliation and arbitration (see also “Processes used”)

  • Whether mediation, conciliation or arbitration organised (and which)

  • How many

  • What role respondent had

  • Whether respondent (and other party) represented

  • Attitude/nature of experience (see “Attitude to processes used”)

  • Outcome (see also “Outcome”)

Mode of contact (with advisors)

  • Global/individual

  • Ever

  • First

  • Predominant

  • Preferred

  • Available

Nature of assistance provided by advisors

  • What assistance was wanted (general)

  • What assistance was sought (e.g. moral support, information/advice, practical support)

  • What assistance was obtained

  • What information was provided about assistance to be given (on instruction, first meeting)

  • Degree of delegation

  • Whether prior agreement on what assistance was to be provided

  • Whether respondent got all assistance needed

  • Character of assistance obtained (e.g. emotional support, legal, practical, etc.)

  • Whether advisor provided other services to respondent also

  • Whether advisor tried to sell respondent other services

Nature of identified justiciable problems

  • Brief description (open text)

  • Perceived character of problem (see “Capability/empowerment”)

  • What problem about (e.g. money, property, changing behaviour, apology, etc.)(see also “Objectives”)

  • Whether personal or business

  • Whether shared (within household)

  • Nature of other party/parties (including demographics)

  • Relationship with other party/parties

  • Whether claimant or defendant / Who considered to be in the right/responsible

  • Existence and extent of disagreement

  • Problem duration (see “Problem duration”)

  • Whether ongoing (see ‘Problem duration’)

  • Seriousness (see “Problem seriousness”)

  • Links to other identified justiciable problems (see “Causes and consequences”)

  • Whether problem involved discrimination

Objectives (in trying to resolve problem)

  • Nature of objective (monetary, non-monetary, etc.)

  • Value (of matter problem concerned)

  • Relative importance (where multiple objectives)

  • Whether objectives achieved (e.g. fully, in part, etc.)

Outcome

  • Brief description (open text)

  • Whether concluded (see “Problem duration”)

  • Means disagreement/problem concluded (e.g., through a court decision, negotiation, etc., including “putting up with” problem)

  • Satisfaction/happiness with outcome (all parties)

  • Favourableness of outcome

  • Fairness of outcome (all parties)

    • In general

    • “Distributive justice”

    • “Restorative justice”

  • Timeliness of outcome

  • Finality of outcome/whether outcome implemented

    • Whether respondent complied

    • Whether other party complied

    • Enforcement mechanisms

  • Sufficiency of explanations provided for outcome/“Transparency” of outcome

  • Understanding of outcome

Problem duration

  • How long problem lasted/has lasted to date

  • Problem start date

  • Problem end date

  • Whether problem ongoing

    • Whether disagreement ongoing

    • Whether problem ongoing

  • Whether ongoing problem will conclude

  • When ongoing problem will conclude

Problem seriousness

  • Relative seriousness

    • Most serious

    • Scaled seriousness (seriousness, importance of resolution, etc.)

    • Impact on life (time spent worrying, ability to live normally, etc.)

  • Impact (specific) (see “Causes and consequences”)

  • Has situation improved/deteriorated

  • Seriousness to others

Problem resolution strategy

  • Brief description (open text)

  • Overall strategy (single questions for determining basic approach)

  • Whether thought problem would be sorted out without action

  • How difficult it was thought it would be/it turned out to be to sort out problem

  • Relative difficulty of resolving (multiple) problems

  • Capability to resolve problem (see “Capability”)

  • Whether any action taken

  • Obstacles to action (cost, time, social implications, etc.) (see also “Capability”)

  • When first action taken

  • Whether previous experience influenced strategy

  • Whether information obtained (see “Information”)

  • Whether any information/advice suggested respondent would not obtain objectives (in seeking to resolve problem)

  • Contact/negotiation with other party

    • Whether

    • Form of communication

    • What aiming to achieve

    • What achieved

    • Obstacles to contact

    • Unsuccessful attempts to communicate (either way)

    • Contact through an intermediary

  • Use of Internet (see “Use of Internet”)

  • Use of written materials

    • Whether

    • About what

    • Produced by

    • How helpful

  • Whether assistance sought/obtained from family/friends (“informal assistance”)

    • Whether

    • Who

    • Why

    • What sought

    • What obtained

    • How useful

    • Whether expert

  • Sources of formal assistance (see “Formal assistance’”

  • Unsuccessful attempts to obtain information (see “Unsuccessful attempts to obtain information/assistance”)

  • Unsuccessful attempts to obtain formal assistance (see “Unsuccessful attempts to obtain information/assistance”)

  • Consideration of formal assistance

  • Processes used (see “Processes used”)

  • Consideration of processes

  • Third party involvement in sorting out problem (see also “Processes used”)

    • Whether/by who solicited

    • Type of involvement

  • Other actions to try to resolve problem (e.g. thinking about options, collecting evidence, etc.)

  • Whether withdrew claim/defence

  • Ordering of elements of strategy

  • Reasons for strategy choices (see “Reasons”)

Processes used

  • Formal processes used

    • Nature

    • Court/tribunal (see “Court/tribunal proceedings”)

    • Formal mediation, conciliation or arbitration (see “Mediation, conciliation and arbitration”)

    • Ombudsman

    • Police

    • Tribal/social

    • Religious

    • Other

  • Informal processes used

    • Nature (e.g. negotiation, use of intermediaries)

  • Party initiating process(es)

  • Cost of process(es) (see “Cost of problem resolution”)

  • Whether process(es) concluded problem (see “Outcome”)

  • Reason for choice of process

  • Duration of process(es)

  • Ordering of processes

  • Whether any documentation needed to be signed, and whether documentation understood

  • Language process used

  • Availability of interpreter

  • Ability to monitor/communication concerning progress of process

  • Whether suffered any abuse/discrimination as part of process (including bribes) (see also “Cost of problem resolution”)

  • Whether suffered any threats or physical violence

  • Details of any detention experienced

  • Satisfaction with process(es) used

  • Utility of processes

  • Relative utility (where multiple processes) of processes

  • Attitude to processes used (see “Attitude to Processes used”)

Reasons

  • For inaction

  • For not doing more

  • For handling a problem alone

  • For not obtaining independent advice or other assistance

  • For not obtaining legal advice

  • For not obtaining help from lawyer

  • For obtaining (or considering) help from lawyer

  • For obtaining (or considering) help from other source

  • For not using formal process

  • For withdrawing claim/defence

Regrets (regarding how problem handled)

  • Whether regrets about how problem handled

  • What wish had done

  • What wish had known

  • Would assistance have led to a better outcome

  • What assistance would have improved outcome

Traditional dispute resolution mechanisms (see also “Processes used”)

  • Whether traditional dispute resolution mechanism used

  • Which traditional dispute resolution mechanism

  • Attitude/nature of experience (see “Attitude to processes used”)

  • Outcome (see also “Outcome”)

Unsuccessful attempts to obtain information/formal assistance (from independent “advisors”)

  • Details of advisor(s)

  • Why unable to obtain information

  • Why unable to obtain assistance

Use of Internet

(general use/access dealt with separately through demographic questions)

  • Whether used

  • What looked for/hoped to achieve (e.g. locate help, obtain information, etc.)

  • What found/achieved

  • Websites visited

  • How websites identified/located

  • Utility of Internet

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