The Determination of Legal Services Policy in the United Kingdom and the United States of America

In this paper, factors are analysed which will influence the formation and implementation of legal services policy in the United Kingdom and the United States of America over the coming years. Despite important political differences between these countries and between the political parties operating inside them, a broad consensus about the aims and, to a lesser extent, the delivery of legal services has emerged, which is closely allied to the political assumptions of the welfare state. The authors contend that the parameters of current political debates in relation to legal services have been narrowly circumscribed, with the result that fundamental policy choices existing beyond the legal aid consensus have rarely been confronted by policymakers. To understand future developments it is important to consider not only current policy agendas but also the wider environment within which policymakers must operate. The authors conclude by identifying those forces underlying the political and policy processes which may cause the legal aid consensus to collapse and so pave the way for new, not necessarily ideal, policies. In this context, the authors pay particular attention to the commitment to the welfare state, the market for legal services, the revolution in information technology, and legal research and education.