All About Holistic Law: The Definitive Guide

Defining Holistic Law

Holistic law is a comprehensive approach to legal services that aims to address the entire context in which a legal dispute arises, as opposed to focusing on single-issue representation. Though most of the legal system is designed to resolve one conflict through a defined set of procedures, as required by the rules of civil procedure ("comprehensiveness" is one of these requirements), holistic law challenges this by reasoning instead in terms of relationships and interdependence among litigants and events when dealing with conflict. Here, the litigants’ attorney considers the other party to be a relational player relative to the client’s objectives, rather than simply as an adversary to remove from the equation in order to achieve the client’s goals. Where the court requires the facts of each litigant’s narrative to be narrowed into a fact pattern that fits a rigid artificial structure so as to encourage efficient final resolution of the dispute, this approach ignores the full context of the dispute, including the broader ecosystem to which the parties belong. Where traditional motions practice encourages the filing of documents in the court’s electronic system with five days to respond , holistic motions practice minimizes these difficult time pressures by encouraging litigants to respond to one another’s proposed orders.
The origins of holistic law date back to the 1980s-1990s when consciousness civilizations began combining the ancient relationship-based approach of Native American tribes with western-particularly feminist-legal theories. Early proponents of holistic law trace its provenance to the wisdom of the Shoshone tribe of Northern Nevada, which was recorded throughout the 20th century in the Shoshone Tribe of Northern Nevada v. United States case as it progressed through the federal court system to the U.S. Supreme Court.
Holistic law is in contrast with more common legal practices, which tend to be narrowly focused on the identification and souring-out of discrete legal issues; instead, it remains cognizant of the entire interrelatedness of the situation in order to promote productive resolution rather than adversarial competition. Therefore, holistic lawyers, judges, mediators, and other dispute resolution professionals encourage a cooperative search for solutions to the totality of the dispute. Ultimately, the process serves both parties’ objectives by finding a solution that meets their respective aims.

The Core Tenets of Holistic Law

When discussing the key principles of holistic law, it is important that you understand the three elements involved and how they apply to the situations lawyers, mediators and those seeking the services of legal professionals will face. The first key principle of holistic law is conflict resolution. Conflict resolution is a very important part of the law. Sometimes legal matters will not go the way you want them to, and although these matters may be hard to accept in the long run, you will be able to resolve the matter without it affecting your entire life. When it comes to conflict resolution, you will find it very useful to be able to mediate any problems you may have. It allows you to resolve your differences by coming to a compromise with each other. You can find this really helpful when there are issues like divorce, showing clear emotional distress, how to communicate and breakdowns in communication. In addition, there is empathy which focuses on helping you and other lawyers understand and work through the grieving process. You will learn how to provide emotional support and strength during difficult times, both to your clients and yourself. You will find mediation really useful in some key areas for you as a lawyer, mediator, or client.

Advantages of Holistic Law

Holistic law provides lasting solutions that go beyond the mere legal mechanics of a case. In the long term, holistic law saves clients, lawyers, and other professionals time, effort, and money. When a client’s trust and safety needs are being met, when a lawyer exudes integrity, and when a professional is not burnt out, a little bit of negativity flows away from the legal system, producing greater benefits for all parties involved. Clients appreciate the efficiency of alternative dispute resolution. For instance, using mediation instead of litigation can save clients and their attorneys considerable time and energy so that problems may be addressed more directly and promptly, securing the trust and safety essential in cooperative dispute resolution. In matters involving trauma or abuse, lawyers and judges have long resisted keeping survivors off the court record in order to protect them from their abuser. When mothers and children are assisted in this way, their safety is increased, but the abuser is also put on notice that he or she cannot hurt the family anymore. Not only are trauma survivors protected when a more holistic approach is taken, but they may also find extensive ownership over their own lives and circumstances. Holistic lawyers take care of themselves, which prevents burnout. When they do experience burnout, holistic lawyers recognize the need to address their feelings and issues rather than hide them. They might take time off work, see a therapist, or otherwise take care of their own needs to restore their energy and focus. They are successful at setting appropriate boundaries with clients and refuse to take on the emotional baggage of the clients they serve. They also select only those matters which are of particular interest, concern, or otherwise appropriate for them, rather than simply taking on any matter presented. Holistic lawyers cooperate with their colleagues. They try to resolve issues without involving the court. They do not attempt to intimidate opposing parties or their lawyers. They do not delay criminal matters. They work toward resolution of the underlying problems which brought the matter to court in the first place. Holistic lawyers believe that working cooperatively benefits all parties. For instance, the attorneys might develop an understanding for each other’s schedules, making scheduling matters more pleasant and ensuring that additional time is not lost waiting for everyone to arrive at the courthouse. The attorneys might agree to certain procedures which will help their clients to feel safe. In disputes between parents of young children, the attorneys might engage in collaborative parenting plans instead of spending hours in the courtroom arguing about details of their clients’ lives. Indeed, in many situations, a settlement can be reached without going through adversarial processes at all. Holistic lawyers assume a healing role by taking ownership for the context of their clients’ situations. They generally do not believe they can simply fix a client’s problem, but will instead attempt to empower the client to take care of his or her own needs. To accomplish this, holistic lawyers listen carefully and ask their clients many questions. They often counsel their clients on steps to achieve beneficial results. By assisting their clients to articulate their goals and direct their own lives, holistic lawyers encourage healing and personal growth. Holistic law seeks to heal traumatic injuries, both within the legal system and on a broader social level.

The Function of a Holistic Attorney

As a modern day evolution of a family lawyer, a holistic lawyer aims to address the totality of the problem. The holistic approach observes the case in its larger context and does not focus solely on what is before him or her. The responsibility of the lawyer is to look beyond just the letters of the law and to provide representation that will sufficiently address the needs of their client. Hence, the holistic lawyer should be qualified to provide counsel in areas of law outside of the immediate case that they are pursuing while representing a client. For example, a lawyer who wishes to help the client through a process of divorce may also pursue a course in social work or counseling to gain relevant insights and tools to better support the divorcing family. Furthermore, they may partner with outside agencies to utilize their resources in assisting the client. Thus, the holistic lawyer seeks to help their client in a way which fully benefits them. Whether this course of action results in a court proceeding or a private settlement, it is always the goal of the holistic lawyer to put the needs of their client first with the purpose of seeing them through a difficult time in their life and leaving them in a better place than before. The holistic approach is intended to provide an advantage not only over the adversary but also over emotional trauma, financial burden, and other concerns that may inhibit full participation in the legal process. The holistic lawyer accomplishes this by considering how the issues at hand are affecting the total person, or in other words, how the case in question is influencing the personal situation of the client. A divorce where children are involved, for instance, has different dimensions at stake than that of a dissolution of a marriage without offspring. This must be taken into account by the lawyer representing the family in order to ensure that all aspects are being adequately addressed. So too is the situation of a person charged with a crime different from that of one who is going through a divorce. They require different support from their lawyer, and the holistic lawyer must be prepared to provide that support even when it falls outside the realm of typical representation in a legal proceeding. Through their unique training and experience, the holistic lawyer is equipped to provide more than just guidance on the legal process involved with the case at hand. They must be flexible, but this allows them to give better service than the average lawyer or law firm. The holistic approach should be considered as an effective alternative to traditional legal representation.

Types of Cases for Holistic Law

Holistic law is most often used in family law situations. Such cases are those in which the family links and relationships are the source and the object of the legal dispute. In such cases the family dynamics is disrupted and the family unit dissolves. When that occurs the attorney must focus on the entire family situation and not just on the couple or the individual’s premise. After all, it is not only the couple that recognizes the discord and wishes to end it. The larger family often recognizes that something is wrong and desires and seeks resolution before that relationship ends. In some cases, with children the family system is affected. Parents can ignore and deny the effect of a divorce on their children in the "heat of battle" of the divorce. However, with hindsight, it is clear to them that their war did impact their children adversely and their decision during a divorce to have the attorney enter into or negotiate arrangements not only to protect them, but to preserve their relationships with their children often became acrimonious and do not stand up well in court years later when the children have grown up. Such parents often expect that their children will have a good relationship with both of them after the dust settles and, in hindsight, that is a lofty expectation that is not achievable under the current adversarial model of divorce. When parents as a couple operate as a team and as a unit following a divorce, there is no doubt that the divorce was constructive, as opposed to counter-productive. Holistic law may also be appropriate in community dispute situations. Community disputes may involve disagreements between parties over matters such as property boundaries, easements, rights-of-way, land-use plans, statutes of limitation, mortgages, vendors and contractors. Other community disputes may involve conflicts within a community such where one neighbor parks his car on another’s lawn , uses her water connection to wash his car without permission, allows his pet to roam, allows his tree to grow to block the view (or as in many American suburban communities, the motorized monstrosity known as a "McMansion") through the kitchen window of the road in front of the property or another’s house or other similarly aggravating behavior. Community disputes perhaps most symbolize holistic law. They do not principally involve individuals but the people in them live in a system where they must interact daily, requiring significant self-awareness and concern about the consequences of their actions on others. Such disputes may require strict adherence to a model of fairness to promote higher priority goals such as "aesthetic balance, tolerant accommodation, traffic convenience and safety, convenience to access public facilities, or simply human harmony". Such disputes may arise not only among individual neighbors, but also residential complexes and other residential communities such as condominium or homeowners associations. Ultimately resolution often must result in an agreement between the disputants to follow certain guidelines or rules. In cases involving local governments and sometimes condominium or market-rate rental communities the parties may even require encouragement from a neutral entity enlisted to advocate for peace, pro-social behavior or safety and wellness. In interpersonal relationships and professional relationships, including employer-employee communication, holistic law is also highly appropriate. Where employment circumstances are tenuous, whether a traditional employee-employer relationship or a freelance or other consultant situation, long-term communication patterns that broke down form and control the situation may be the real issue to be addressed. In some instances, a non-legal intervention will be sufficient to correct the situations.

Holistic Law in Action

The practice of holistic law varies significantly between jurisdictions. In the United States, the definition of the practice is flexible and permitting numerous avenues of exploration and implementation. For example, the Center for Holistic Law website states that "the mission of the Center for Holistic Law is to provide a framework for development of both the holistic lawyer and holistic law." Our organization adopts this perspective in conjunction with our view that each individual’s view of holistic law is unique to their personal experiences. To facilitate this process, members of our organization are currently developing models and guidelines that facilitate and encourage our members’ creative energies and attempts at innovation within our field.
One area where holistic lawyers are active is in helping clients to understand and clearly articulate their core values, above and beyond the stated goals in the legal context. Targeting such issues as self-determination, respect, accountability, compassion and empathy are common themes amongst our practice areas. An influential example of this type of system is BLS, a company (not a law firm) that offers conflict resolution services. The company provides mediators and lawyers to assist businesses and individuals in resolving their disputes. Their mission is "to help people solve their problems where they need to be solved – at home, at work, in the community. We do not support litigation; we do not litigate." Although their services can be utilized to assist with legal problems, their perspective is that "a good lawyer is a good listener, a creative thinker, a problem-solver and a healer." Collaborating with clients, and with legal professionals as needed, BLS mediators and lawyers apply their training and experience to assist clients in resolving their disputes in an effective and economical way.
Another primarily non-legal entity that has adopted closely related ideas to great success is the Center for Nonviolent Communication (CNVC), an international non-profit organization with both a social change mission and a professional training mission. Their social change mission focuses upon diversity, conflict resolution, conflict prevention and resolution through communication and collaboration. Their professional training mission emphasizes personal empowerment and deeper self-awareness, noting that "when people support themselves in this way, the skills of compassion and altruism emerge naturally." Multiple CNVC certified trainers have become members of our organization, and have contributed to our ongoing discussion as to the range of issues this movement is addressing.
Within Canada, we identify several different niches being explored by our members. For example, Carol Mostert has added holistic law to her real estate practice, focusing upon the process of buying and selling by addressing what her clients may need both from the legal and financial side, as well as providing support as to how they might feel and experience the transition from one home to another. Jennifer Redmond and Liane Steel seek to address client needs holistically by providing a series of mediations between parents and children so as to review their legal options over an extended period of time, combining mediation and education about the system, to develop a system that is completely relevant for their family.
In British Columbia, Charles Andrew is making a specialty of elder law, working with clients to strategically construct living wills and powers of attorney, using that experience to also educate clients about potential future implications of their decisions, and partnering with financial advisors to ensure that both legal and financial needs are being met given the unique perspective of each family.
Many U.S. jurisdictions have addressed the integration of expertise by requiring that lawyers and therapists work together on "collaborative law" teams. In the area of estate planning, Collaborative Law couples estate planning lawyers with a financial planner, care manager, therapist and accountant, such that the client has a full range of resources available to them as they engage in a process of open dialogue with their family about their legal and financial concerns. This is referred to as "interdisciplinary collaboration." Thus, as a reflection of the Canadian emphasis on the value of collaborative conflict resolution, the U.S. system requires that lawyers distinguish themselves from their clients and collaborate with other professionals(!), as a result it is highly unlikely that that model will ever gain significant acceptance here.
The area of family law also distinguishes the Canadian and American experiences. In the U.S., practitioners are still struggling with how to manage their clients’ interests when faced with unreasonable positions taken by the opposing side in settlement discussions. In Canada, the lawyers are instructed to adopt a different attitude and to manage client expectations so that they are not inclined to overestimate the strength of a case. Involving the conflict prevention and resolution practice of CNVC into the family dynamic helps couples determine their true interests and better understand the needs that are underlying their apparent demands, such that ongoing dialogue is possible, and the underlying situations can be de-escalated.
These examples are indicative of the many ways that holistic lawyers are exploring how to work with their clients. The challenge of developing this practice is to adapt the existing methods of lawyering to incorporate additional tools that address the actual needs of the client.

Becoming a Holistic Attorney

Related academic professionals advise that in order to be effective in the areas of holistic law, practicing lawyers must go beyond the traditional skills required to practice law. This requires a holistic law practitioner to possess a complex array of skills and knowledge in many fields of study. According to Manning (2010), these are some of the requirements for holistic law; (a) ability to work with clients in a non-adversarial setting; (b) legal information regarding the legal system and legal tools and how they impact different groups of people; (c) ability to impart this information in ways which clients understand and can use (d) ability to relate to persons who are stressed out due to legal consequences; (e) ability to provide legal services in a multiprofessional environment; (f) familiarity with the roles of non-lawyers in helping clients along with lawyers; (g) an understanding of the strategies and skills of mediation, conciliation, facilitation, and arbitration; (h) an understanding of the influences of philosophers, sociologists, psychologists, and behavioral scientists upon the field of law; (i) familiarity with educational processes for client and attorney education; (j) a grounding in professional behavior and ethics; (k) an appreciation for the role of alternative dispute resolution systems in the field of holistic law; (l) an awareness of recent developments in holistic jurisprudence, conflict resolution, dispute resolution, and other areas of the law relevant to holistic law; (m) an understanding of the role that spiritual and religious beliefs can play in the lives of lawyers and in the legal process; (n) an understanding of the role that faith plays in legal practice; and (o) a thirst for continued self-education in all of these areas.
Training programs and certifications currently available for people interested in studying holistic law include:
Options for graduate-level training include master’s and Ph.D. programs offered by the Institute of Transpersonal Psychology, located outside San Francisco. Most of the graduate programs offer a concentration in holistic law. For example, the Ph.D. program at the Institute offers a concentration in transpersonal law. The transpersonal law concentration is a transdisciplinary approach to law that emphasizes inner perspectives on law and justice and faith-based approaches to the legal profession. In addition, there are also some specialized clinics in transpersonal law in graduate programs in the U.S. and Canada.
Holistic lawyers generally have attended law schools which emphasize or incorporate instruction in areas of holistic law including dispute resolution, mediation, and collaborative law. Many current legal training programs do not offer instruction in at least some aspects of holistic law. However, some law schools, such as the Georgetown University Law Center, the William S. Boyd School of Law (University of Nevada Las Vegas), University of Hawaii, and the Pepperdine University School of Law concentrate on dispute resolution and mediation.
Many lawyers also obtain certification in mediation and dispute resolution through national organizations, such as the Association for Conflict Resolution (ACR), the American Academy of Matrimonial Lawyers, and the Academy of Family Mediators.

The Future of Holistic Law

As people grow more aware of the myriad benefits of looking at the whole person rather than focusing only on their circumstances, holistic law will continue to gain traction. It is inevitable, given the emerging evidence on health and wellness, that lawyers will find a better comfort level with integrating scientific findings into their ethical responsibilities to their clients. Holistic frontier principles offer broad philosophical guidelines, but clients respond to concrete processes and systems. For holistic law to continue its momentum forward, the legal community must look both inward and outward. We must actively engage with our clients and ask them the questions about what they want from the lawyer-client relationship . If they want more engagement, we need to accommodate that. If they want emotional engagement, we need to step up our game in that area as well. Holistic law also requires us to look outward and beyond within the legal industry. We need to identify and exploit opportunities (such as our innovative use of technology to deliver services and information) to share the intangible benefits of holistic law. The time is now to educate our colleagues about what we do, and how we do it. The goal of holistic law is to offer a different approach, not be different for its own sake. A collaborative approach to resolving conflict, when applicable, offers clients and attorneys alike the opportunity to achieve their goals quickly and efficiently.