What the abacus can teach us about technology (and other valuable lessons about innovation and collaboration).

• Author: Sullivan, Sarah R.
• Position: Special Issue: Technology & the Practice of Law

The phrase "access to justice" graces the pages of legal magazines, articles, and webpages starring as the social justice issue du jour. The attention to access to justice, although as intense as a whistling teapot, has been simmering to its flashpoint for more than a decade. In 2005, over one million cases per year were rejected by legal aid organizations in the U.S. due to lack of resources (1) and over the past decade, the need has remained constant. (2) Yet, over the past 10 years, federal funding to Legal Services Corporation plummeted to historical lows. (3) Arguably, access to justice is synonymous with the archetypal notions of our democratic judicial system--every voice that wishes to should be heard, and everyone that needs a lawyer, will be afforded one. Although ideals such as "access," "justice," "equality," and "right" lay the historical foundation for how our courts approach dispute resolution, the economic evolution of the legal profession juxtaposed with the devolution of access to justice by low-income citizens led us to the access crisis that we face today. Access to justice is the modern-day bellwether of not only the health of our modern court system, but our society.

The Abacus, the Univac, and the Smartphone

Peter Drucker wrote: "Innovation opportunities do not come with the tempest but with the rustling of the breeze," (4) meaning that the best time to innovate is when there is a sign of change, not when an issue becomes an epidemic. Innovation does not necessarily have to be a flash of tech nology, but can be more of an inching progression that leads to an "aha" moment. After years of study, the Florida Supreme Court mandated the creation of family divisions of Florida circuit courts to more properly address the family-related cases that made up over half of all suits filed in the civil division of Florida's circuit courts. (5) After the family court divisions were formed, the Family Law Rules of Procedure were promulgated. Next, the Florida Supreme Court approved family law forms for use by the swiftly evolving majority of self-represented litigants needing simple pleadings to gain access to justice.

The access to justice breeze began rustling in the 1990s as the family court divisions were born, and innovation continued to evolve over the next two decades. In the Fourth Judicial Circuit, the administrative judge created a family division effective January 1993. (6) The establishment of the division enabled the administrative family law judge to respond nimbly to changes in the law and more efficiently to needs of litigants. Along with the family divisions came the establishment of Family Court Services, also called self-help centers. (7) In Duval County, Family Court Services employed multiple case managers under the supervision of a director, in coordination with the general magistrates, and the family court division. Further, collaboration with pro bono lawyers from the Jacksonville Bar Association in conjunction with Jacksonville Area Legal Aid, Inc., provided frequent self-help seminars on various family law topics. The need for court access by self-represented litigants grew exponentially, outpacing the...