It would be fair to say that using the law to create change isn’t always straightforward. It can be a powerful tool, but few campaigners feel confident about how to use legal campaigns effectively. From judicial reviews to strategic litigation, knowing when (and how) to bring legal action into a campaign can make the difference between lasting change and a missed opportunity.
Here are some common mistakes campaigners make when using the law in their campaigns, and suggestions on how to do things a little differently in your legal campaign:
1. Treating legal action as a last resort
Campaigners often see legal tools as something to turn to only after other routes haven’t been as successful as anticipated. But some of the most successful cases, like those led by Birthrights or The Children’s Society, were years in the making, built on solid evidence and strong partnerships.
Think of the law as part of your strategy from the start. If possible, engage with legal experts early, gather strong evidence where you can, and explore pre-action options such as letters before claim (a formal notice sent before taking a legal claim to court). Early collaboration helps ensure the law strengthens your case rather than becoming a last-minute add-on.
Top tip: It is important that you get advice from someone who is a specialist in the right area of law – lawyers tend to know certain areas very well but are not experts in other areas of law, such as medical consultants.
2. Going it alone
Using the law is rarely successful on its own – it requires collaboration between charities, frontline services, communities, lawyers, researchers, and regulators. Too often, organisations underestimate how vital this network is to building momentum and credibility in their legal campaigns.
Build relationships across sectors where you can. Look at how projects like The Unity Project and We Belong worked with lawyers and researchers to combine lived experience, data, and advocacy in their legal campaign. Collaboration not only strengthens your legal arguments but also helps create public and political pressure.
Top tip: There are many places where you can seek legal advice including law centres, law clinics at universities, supporters, funders and your board.
3. Leaving the law to the lawyers
Legal processes can feel intimidating, and campaigners sometimes step back once lawyers get involved. But effective use of the law requires campaigners to stay engaged to help shape messaging, mobilise supporters, and embed wins into long-term, sustainable change.
Stay involved where possible. Campaigners can help jargon-bust legal outcomes for the public, use successes to influence policy, and ensure wins in court translate to improvements on the ground. It’s also entirely plausible that an organisation takes a legal route without heaps of involvement from lawyers – The PAP Project is a great example of empowering frontline workers to use legal tools directly, with huge success rates and minimal legal involvement.
Top tip: When legal deadlines or hearings are coming up, plan campaign moments around them to keep your issue in the public eye.
If you want to explore these topics in more depth then book onto SMK’s Using the Legal System to Achieve Change workshop to see how lawyers, communities, and evidence can help your legal campaign make a real impact. The workshop takes place on Tuesday the 4th of November 2025, 2-5pm and Thursday the 26th of February 2026, 2-5pm.
This session is led by Shauneen Lambe, a barrister, and the Director of Impact at Impact Law for Social Justice, with decades of experience using the law to drive systemic reform. She has represented clients before the US Supreme Court and co-founded the youth justice charity Just for Kids Law.