Traditional legal practice:
The Transformational Law movement is not intended to replace traditional practice and most lawyers are willing to admit that the litigation model will always be a necessary tool in some cases. However 98% of all cases are already resolved outside of the courtroom. This movement recognizes Appropriate Dispute Resolution and encourages lawyers to design practices that reflect the lawyer’s personality type, values, and goals.
Spiritual Lawyering:
Pioneered by Steven Keeva’s book, “Transforming Practices”, this approach to law allows for the inclusion of the lawyer’s spiritual values, as well as those of the client. Keeva’s book looks at several different approaches based upon values and life purpose: approaching the practice of law as a “ministry” focused on healing, service, mindfulness, contemplation, listening, etc. (www.transformingpractices.com). Some have taken it to the next step and have begun to talk about “religious lawyering”, tying their particular spiritual faith to their practice.
Collaborative Law:
Originally a family law model, Collaborative Law is gaining popularity in other areas of law. In Collaborative Law, the parties and their attorneys contractually agree that they will not litigate. They focus on resolution and problem-solving without the threat of court. Collaborative Lawyers cooperate, volunteer discovery, and strive for a collegial atmosphere: www.collaborativelaw.org is one website. The founder of Collaborative Law is IAHL member, Stuart Webb, Stuwbb@aol.com. There is also a related movement called the Collaborative Divorce movement and you can learn more about that at www.collaborativedivorce.com.
Legal Counseling:
A relatively new approach being developed by IAHL member, Eva van Loon, a lawyer working on an advanced counselling degree. Van Loon has noted that many clients are not clear enough about their goals to even choose their lawyer nor to make decisions through the process. Van Loon’s program trains lawyers and others to help clients identify their plan of action so they may choose the appropriate lawyer and then pursue the appropriate course of action in their legal dispute. Ms van Loon may be reached at Mettalaw@aol.com.
Creative Problem-Solving:
Based at California Western School of Law, this approach encourages lawyers to use the broadest array of creative problem solving techniques to achieve better results for their clients. The law school teaches the kinds of creative thinking processes that are often taught in progressive business schools and encourages lawyers to be trained in creative thinking and to have many different tools, in addition to litigation, at their disposal. Creative Problem-Solving seeks to develop solution systems based upon what is learned about a problem, rather than what is habitually done. It is a caring approach that seeks transformative solutions to redefine problems, expand resources and facilitate enhanced relationships between the parties. (www.cps.cwsl.edu).
Drug Treatment Courts & Community Oriented Lawyering:
This is a problem-solving approach to a particular problem. Community lawyering or community-oriented lawyering is a movement where the lawyers, especially those in government, public interest, etc., work together to address the underlying problems that result in clients being in court, promoting the welfare of the community and their clients. Community lawyers take on projects that get to the source of cases that recur in the court system. Housing issues are an example of one issue addressed by community lawyers. Drug treatment courts are a judicial approach to this type of work. The drug treatment court is designed to interrupt the cycle of substance abuse. There are over 400 in the US. Defendants identified as “addicted” are routed through a structured recovery program with built-in incentives for their success. Judges and attorneys involved in such projects report much higher satisfaction with the court system and fulfilment. See website: www.communitylawyering.org for more information.