Embedding Human Values Into Legal Tech Innovation: A Case of Upsolve

Abstract

The access to justice gap, understood as people with at least one unmet justice need, is one of the long‐standing social problems that prevents people from obtaining the justice they need, thereby reinforcing the poverty trap and entrenching marginalisation. Legal tech innovation, involving the use of digital technologies to provide legal help or services online to ordinary citizens, has significant potential to bridge the access to justice gap at scale. We report on the case of Upsolve, a non‐profit legal tech startup that has revolutionised access to personal bankruptcy filing for low‐income Americans. Upsolve's free digital platform guides users through the step‐by‐step bankruptcy process with extensive and carefully curated information, thus enabling users to navigate bankruptcy filing without needing an attorney. We trace how Upsolve uses human values, namely, safe access, empowerment and psychological well‐being, to guide the design process to ensure that its solution is not only safe for users but also takes special care to empower and support them through the emotionally challenging process of bankruptcy filing. Also, we underscore how Upsolve manages the unauthorised practise of law (UPL) compliance, which prohibits nonlawyers from giving legal advice. Based on our analysis, we derive recommended actions for other organisations to use human values as guidelines in designing and continuously evolving their legal tech innovation to benefit users.