Access to Justice and the Nature of Expert Knowledge

Abstract

Legal professionalism in the legal aid sector is being transformed as a result (primarily) of the regulatory reform which has been implemented over the course of the last decade. Quality and value for money are the key concepts informing this reform, which, it is argued, will both increase and improve access to Justice. However the model of 'quality' adopted is based on establishing generalisable standards in key elements of the process, and it has been argued that this has encouraged a disaggregated view of quality which is inimical to core aspects of the traditional model of professionalism such as continuity of care. This paper will draw on a series of qualitative studies of solicitors and clients and theories of expert knowledge to explore this critique. It will examine the way in which elements of a solicitors' expertise, such as 'tacit knowledge', interpersonal skills, and the ability to draw on knowledge of the entire course of the legal process in order to develop a unique approach to each case, may be crucial in ensuring that appropriate outcomes are realised.