Holistic Law

The Critical Role of Mindfulness in Dealing with Legal Issues

Mindfulness in general, and meditation practice in particular, serves to more firmly ground one in present-moment experience apart from thought-driven notions of how things need to be different than how they are in order to be “happy.”  It is the very thought that things can be any different than they are in reality that is misguided and at the root of much suffering and unhappiness.

Mindfulness in Law PracticeA similarly misguided expectation, however, is that dedicated mindfulness practice can successfully insulate us from any existential pain that appears inherent in the human condition.  Sickness, aging, and death may lie at one end of the spectrum, while more innocuous conditions such as boredom may lie at another end.  These conditions are inevitable; but the thought-driven notions of how these conditions should not exist in the first place are illusory and are what precipitate suffering on top of the inevitable challenges of reality.

Legal issues seem to trigger a range of painful experience. As with most experiences that lead to suffering, fear is often the underlying antecedent of the suffering.  In most cases, however, this fear arises out of a thought-driven layer imposed on a condition existing in reality.  The challenge, both for attorneys and clients embroiled in conflict, is to remain open to and accepting of the actual situation in realty without becoming hooked by conditioned thought and/or judgements about the situation.

The ability to remain grounded in our experience without becoming hooked by our intellectual processing of that experience lies at the heart of mindfulness practice, and is critical for clients and attorneys trying to successfully navigate challenging life situations.

In the throes of legal issues or conflict, the cultivation of this ability, or lack thereof, will largely determine one’s ability to identify optimal solutions to often complicated issues.  To the extent that one has become hijacked by his or her thoughts in response to a given scenario, behaviors and decisions are likely to become oriented towards allaying some subconscious fear, usually related to one’s ego.  Because of the largely illusory roots of such fears, decisions and behaviors based on motivations springing from these roots will prove largely unsatisfactory, and produce less than optimal solutions for all directly or indirectly impacted by the way in which the conflict is ultimately resolved.

Thus, the ability to identify and implement optimal behaviors in response to everyday life situations in general, and legal issues or conflict in particular, is critical for happiness and demands a high degree of consciousness cultivated through sustained mindfulness practice.

More often than not, when a client comes to an attorney for advice or representation, he or she is at least partially ensnared by underlying conditioning and disconnected from present-moment reality (i.e., the reality is that he or she is caught in learned conditioning or fear, which are real, but usually not based in present-moment reality).  The goal of holistic law practice is to first help the client identify this conditioning so that he or she can then consciously misidentify from that conditioning and more meaningfully connect with what is really going on.  In so doing, the client becomes far more able to let go of unwarranted fear and become, in general, less reactive to the situation.  In becoming less reactive, he or she begins to open to a far more broad range of approaches to potentially resolve the conflict.

To learn more about the benefits of holistic law practice as a client, contact Holistic Lawyer Mike Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.  If you are an attorney interested in how to integrate mindfulness in law practice, visit http://www.mindfulaw.com.

 

The Challenge of Holistic Law Practice

In working with clients to break through learned conditioning and habitual reactions that have led to, or exacerbated, legal disputes, holistic law strives to tap into the inner wisdom of participants as the primary source of optimal solutions.  In orienting the identification of solutions towards clients, holistic law presents a fundamental challenge to the entrenched paradigm in which clients primarily look to the attorney for answers and solutions.

In addition to the client-centric solution focus, holistic law practice presents a serious challenge to the livelihood of many attorneys who have made their living as advocates within an adversarial system.  Given this direct challenge, it should be expected that the holistic law movement will be met with formidable resistance from the predominant legal establishment.

For the first time, however, there is an emerging segment of the public that has engaged in mindfulness training and practice, and has come to experience and appreciate their inner wisdom apart from their learned conditioning.  Thus, conditions now exist for a shift away from the adversarial model, and towards a more client-centric or holistic model of law practice.

Holistic Law: Overcoming Litigation’s Bias Toward Blame

Within a wide swath of civil litigation can be found a common denominator: The tendency of people in contemporary American society to sidestep responsibility for their own happiness and well-being, instead looking toward external factors to blame for undesirable outcomes or consequences.

Almost by definition, our predominant adversarial model of civil litigation encourages, cultivates, and solidifies blame.  For example, in filing an initial complaint to initiate a lawsuit, a plaintiff is basically required by procedural rules to allege facts that establish on their face what a defendant or defendants did wrong.  The plaintiff is then required to set forth a request for relief stating how these alleged improper or wrongful acts caused harm or loss.  Nowhere at this initial pleading stage would a plaintiff acknowledge any affirmative role that may have contributed to the harm of which he or she is complaining.

It is only at a more advanced stage of pleading that an adverse party may file a “Request for Admissions,” which would prompt a party to acknowledge that his/her/its actions or inactions may have contributed to the problem at hand.

So it often seems in a more broad societal context.  We seem conditioned to focus on external factors to explain our problems (and much of our happiness).  Many would maintain, however, that such thought-driven notions that attribute happiness or lack thereof to external factors are largely delusional.  Such a misguided orientation may go far in explaining why litigation “victories” resulting from the adversarial process seldom produce an enduring sense that the conflict has been resolved in any sort of optimal fashion.

In contrast, holistic law and mediation works to help dissolve defensiveness and entrenched conditioning to the point at which participants become better able to see through their misguided preconceptions.  They are then better able to objectively assess their acts or omissions that may have contributed to the current conflict.  At the same time, the cultivation of an empathic environment by the holistic lawyer or mediator facilitates this process as participants feel more understood and less judged for “mistakes” or “misunderstandings” that my have contributed to the conflict.

To learn  more about how holistic law and mediation can facilitate optimal, sustainable conflict resolution, contact Holistic Lawyer and Mediator Michael Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.

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