The Provision of Legal Services to Consumers Using LawTech Tools: From “Service” to “Legal Product”

Abstract

We need legal services, but not always and, in any case, lawyers. There are other companies on the market, real business structures, which represent a highly recommended alternative to traditional law firms. These companies, mostly known by the English term “LegalTech” startups, offer their “products” to the final consumer. In this sense, they are able to facilitate access to, for example, writing of documents, the presentation of claims or the possibility to finding a suitable lawyer for the consumer’s case for free or at a very low cost. “LawTech” tools are especially suitable for small claims that, otherwise, and despite the European process established for that purpose, would not be suited. On the other hand, the provision of a “legal product” entails the provision of a “digital service or digital content”, so the issue should be linked to the recent and controversial Directive (EU) 2019/770, of Parliament European and of the Council of May 20, 2019 regarding certain aspects of the contracts for the provision of digital content and services. To distinguish between the provision of the legal service and the provision of the digital service or digital content is not always an easy task and, nevertheless, it is meaningful because it will affect the determination of the applicable norms; for example, regarding the lack of conformity or the mistakes or biases of the algorithm. Likewise, the explainability of the algorithm is a first-order issue in consumer’s protection, in relation to the pre-contractual information that should be supplied to them.