Transformational
Law:
Visionary Approaches to Practicing Law
This is one of
the most exciting times to be practicing law! In addition to the
traditional model of law, there is a growing movement toward a new design of
legal practice and new theoretical approaches.
There is one thing stronger than all the armies in the
world, and that is an idea whose time has come.
Victor Hugo
Susan Daicoff, an
associate professor of law at Florida Coastal School of Law, has been
instrumental in bringing this movement to the attention of the legal profession
and legal education. The movement has many different names and expressions. Some
call it transformational law, integral law, holistic law, visionary law,
comprehensive law. Some are familiar with only one of the approaches and refer
to the movement by the name of only one approach. Professor Daicoff refers to
the different approaches as vectors.
Professor Daicoff has identified several core approaches. In our research,
we have found other approaches and expressions of what we believe is the same
movement. Some are more organized than others.
All Transformational Lawyering approaches share several common characteristics,
generally expressing most if not all of the following:
-
Transformational
Lawyering approaches are sensitive to the needs, values, and highest good of
the client, society, and the legal professionals. There is a value of mutual
recognition and respect for all those involved in the process.
-
The focus is on
resolution and healing.
-
Rather than
looking to the past and punishing past transgressions, the focus is on the
future and "What do we do now?" In this context, we look at
reconciling relationships, apology, forgiveness, listening, getting complete
and moving on with our lives.
-
Legal issues are
seen in the context of the relationships with the parties or in the
community. There is an
element of interconnectedness, wholeness. For many people, this is
expressed as spirituality.
-
The solutions
are Win/Win/Win--the parties win but the community also wins. In many of
these approaches, there is an active community involvement. For
example, in restorative justice, a member of the community actually sits in
on a sentencing circle, representing the community.
If you
are a lawyer, learning about one of the visionary approaches might provide a
foundation for a shift in your practice or might inspire you to create your own
vision. For coaches of lawyers, these approaches provide a framework and
inspiration for your lawyer clients. Renaissance Lawyer activities and events
can support lawyers in clarifying values and priorities, in redesigning their
practices to reflect personal values and interests, in working for the highest
good of all. Different states have different requirements so lawyers
should always check with the appropriate state bar regulations before assuming
that a particular approach will be approved in their state.
Below we
offer a short list of the trends, approaches, and models with contact
information so you can learn more plus links or addresses so you can follow up
if you want more information. We express our appreciation to Professor Daicoff
for the work she has done to collect information on and have added our own
experience and research to her growing body of work.
Restorative Justice
Collaborative Law
Transformative Mediation
Community Lawyering
Legal Counseling
Holistic Law
Therapeutic Jurisprudence
Creative Problem Solving
Preventive Law
Lawyers as Coaches
Truth and Reconciliation
Peacemaking/Peace building
Law and Healing
Contemplative Practices
Law and Spirituality
Energetic Healing and Law
Humanizing Legal Education
Procedural Justice
Politics of Meaning/ Integrating Law,
Politics, and Spirituality
Drug & Problem Solving Courts
Lawyer Assistance Programs
Multi-disciplinary Practices
Lawyer in Alternate Careers
International Expressions
Related Developments
Netscape
Users: This is only a part of our web site. Our new construction will
resolve the issues Netscape users have with accessing the rest of the
site. We apologize for the inconvenience.