The term legal capability was derived from the very broad concept of “party capability”, which is the different strategic advantages and disadvantages a person or another party to a legal dispute can have Garth and Cappelletti used this concept as a starting point for analyzing the advantages of such a party in the context of debates about access to justice. Access to justice is a trending topic for legal scholars and practitioners. It refers to the recourses and remedies that are available to citizens to gain protection from the law and obtain redress in legal disputes within the areas of private and tort law (and, in rarer cases, public law) (e.g., if one has a conflict or dispute with a family member, neighbour, employee, employer, tenant, etc.). Garth and Cappelletti identified (1) financial resources, (2) one’s competence to recognize and pursue a claim or defense, and (3) repeated contact with (and therefore more in-depth knowledge of) the legal system as important when it comes to understanding what legal capability exactly entails. From the conceptual standpoint of the capability approach, none of these three items is a capability. The first is a resource; the second is a skill; and the third is an experience that one has, and hence also points to a skill rather than to a real opportunity.

The transition to a capability framework in ICT (Information and Communication Technology) in legal education is a significant shift that reflects the changing nature of legal practice in the digital age. As technology continues to transform the way legal services are delivered, it is becoming increasingly important for law students to develop the skills and knowledge needed to navigate this new landscape. A capability framework is a structured approach to learning that focuses on developing specific skills and competencies, rather than simply acquiring knowledge. In the context of ICT, this means that law students should be
encouraged to develop a range of digital literacy skills, including:

1. Digital research: Law students should be taught how to effectively use online resources, such as legal databases and case law websites, to conduct legal research. This includes learning how to use advanced search techniques, how to evaluate the reliability and relevance of online sources, and how to properly cite online sources in legal documents.
2. Digital communication: Law students should be taught how to effectively communicate using digital tools, such as email, instant messaging, and video conferencing. This includes learning how to write clear and concise emails, how to use digital tools for remote collaboration, and how to effectively present legal arguments using digital media.
3. Digital collaboration: Law students should be encouraged to develop collaborative skills using digital tools, such as cloud-based document sharing and project management software. This includes learning how to effectively manage digital projects, how to collaborate with team members located in different parts of the world, and how to manage conflicts that
   arise during digital collaboration.
4. Digital security: Law students should be taught how to effectively manage digital security risks, such as cyber threats, data breaches, and intellectual property theft. This includes learning how to use digital tools for secure communication and data storage, how to effectively manage digital security risks in remote work environments, and how to respond to digital security incidents.
5. Digital innovation: Law students should be encouraged to develop innovative thinking skills using digital tools such as artificial intelligence (AI) and machine learning (ML). This includes learning how to effectively use AI and ML tools for legal research and analysis, how to develop innovative legal solutions using digital tools, and how to effectively manage the risks associated with emerging digital technologies.
   By developing these skills through a capability framework approach, law students will be better prepared for the challenges of practicing law in the digital age. They will also be better equipped to take advantage of the opportunities presented by emerging digital technologies, such as AI and ML tools for legal research and analysis. Ultimately, this will help to ensure
   that legal education remains relevant and effective in an increasingly digital world.