Nicole’s Blog

I am frequently asked to explain what ?holistic law? means. The answer is not apparent. The theory of ?holism? is opposite that of ?reductionism,? and espouses that a ?system? cannot be determined or explained by the sum of its component parts alone, but is only understood by looking at the integrated whole. The whole is greater than the sum of its parts. When dealing with people, it follows that, true understanding can only be obtained by viewing the pieces of one?s circumstances as an interdependent puzzle, revealing the totality only after patient review.

By way of example, in an area such as holistic health care, an issue facing a person is looked at as more than just the chief complaint. Instead of treating symptoms with narrowly focused medicines, healing is explored on all levels: physical, emotional, and spiritual. Alternative remedies are valued. Side effects are minimized. As a result of the holistic approach, symptoms are often more than relieved, they are resolved.

So, how are theories of holism applied to a profession so deeply rooted in procedure, precedent, and the adversarial process? Primarily, the holistic approach to law views the issues facing a client as more than just legal claims, rights, and remedies. An integral role of the attorney is to navigate a course through sometimes deeply personal and complicated conflicts facing a client. Of course, a knowledgeable attorney must be trained to compartmentalize such issues, identify the full extent of a client?s traditional legal remedies, and advocate unequivocally in the adversarial context. This foundation is not forgotten in holistic thinking. Sometimes the hard and fast approach is justified, and might itself result in the most efficient, fair, and effective results. But when circumstances are murkier, non-linear holistic thinking probes deeper, broadening the considerations, methods, and attitudes.

The International Alliance of Holistic Lawyers has identified some ?common threads among holistic lawyers.? These include promoting peaceful advocacy, encouraging compassion, listening intentionally and deeply in order to gain a complete understanding of clients, honoring and respecting the dignity and integrity of each individual, and acknowledging the opportunity in conflict.

Of these attributes, perhaps the most surprising is ?acknowledging the opportunity in conflict.? This certainly does not in anyway undermine the losses, inconveniences, challenges, or even harm that a client has suffered. But the older archetype of a ?go-get-?em? lawyer, deeply rooted in procedural posturing, limited by precedent, and feeding upon the adversarial process, does not serve the majority of complex matters. Instead, such a linear approach perpetuates, even escalates, the conflict and resulting miseries facing a client, and at no $mall price. At the other end of the spectrum, the parties in conflict can travel a ?higher road? along the adversarial process, increasing chances for less long-term hostility, and perhaps even fostering reconciliation. This might even shift one?s experience of their own participation in the conflict, offering relief or even healing. Hence, the opportunities in conflict.

How does this work? First of all, understanding the client as a ?whole? does not require invasion into all aspects of a client?s life. It is the particular circumstance brought to the attorney that defines the scope of the representation, and it is the goals of the client that define the extent of the information helpful to an attorney. The holistic attitude applies to identifying these goals. The focus is broadly on the conflict or transactional circumstances, impacts, reactions, and desired outcome. The resulting advice is as varied as the clients themselves. But, no other approach better opens the door to new and evolving alternatives in transaction efficiency, conflict resolution, and creative problems solving. When appropriate, this can lead to more satisfying, peaceful, and cost effective results.

Next Blog Entry: Holistic Law vs. the Opposite ? when the adversary just wants a fight.

BE ADVISED that these comments are not legal opinions and are not to be relied upon as legal advice. If you need legal advice, contact your county bar association; most of which have referral services.