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Lawyering at Higher Levels
Exploring how a lawyer’s level of thinking relates to his/her ability
to solve client problems.
4 November 2002
14 years ago.
A leap of faith.
Lawyer Distress LevelsD
epression
A
lcoholism
Psych.DistressD
issatisfaction
0%
5%
10%
15%
20%
25%
30%
Depression Alcoholi...
Lawyers & Alcoholism
 The American Bar Association estimates 15% to 20% of
lawyers suffer from alcoholism and substance a...
Let’s Get Present: Mindfulness
"Problems cannot be solved by the
same level of thinking that created
them."
Albert Einstein
"No problem can be solved from the
same level of consciousness that
created it.”
Albert Einstein
Neil Degrasse Tyson, US astrophysicist
Another astrophysicist courtesy of Google
images
Lawyer, Know Thyself: A Psychological
Analysis of Personality Strengths and
Weaknesses
The New Legal Skills
 New Professional Role
- “Wise counselor,” ethic of care
- Equal partner w/ client
 New Intraperson...
The New Legal Skills
 Interdisciplinary collaboration
 Rewind/fast forward
 Psycho-legal soft spot identification
 Tri...
The Multi-Dimensional Lawyer
 Designer
 Problem Solver
In addition to:
 Fighter
Skills Needed for Preventive and Problem
Solving Lawyering (Prof Thomas Barton)
Processing information:
 thinking systemi...
Skills Needed for Preventive and Problem
Solving Lawyering
Gathering information
active listening
probing for goals
fle...
How Many of These Do We Teach?
"No problem can be solved from the
same level of consciousness that
created it.
Albert Einstein
2 models of consciousness
7 Levels and Spiral Dynamics
Stages in the Development Personal
Consciousness
Service
Makingadifference
Internal Cohesion
Transformation
Self-esteem
Re...
Spiral dynamics
Spiral Dynamics is the work of
Dr Clare Graves, developed
further by Don Beck.
Where do you think your level of
consciousness might be at?
You are unique.
Lawyers solving problems at a
different level of consciousness
Some examples
EXAMPLE 1: Sheena St Clair Jonker
• Sexual abuse case involving a minor
• Mother of 17 year old consulted
Sheena
• The wom...
Results of Restorative Justice Process
1. He has agreed to a lifelong no contact order and an interdict in terms of the Do...
Example 2: Laly Mourenon, Monaco
Case of house ownership dispute
between father and son
“Bringing psychology into a case a...
Results of the father/ son conflict
• The father missed the relationship with his son – even though it
was full of conflic...
Example 3: Drug Courts: Judge Peggy Hora
Average person convicted in drug court
– is committing about 400 crimes a
year!
P...
Example 4: Comic Contracts Rob Derooy

An emerging jurisprudence:
“the overarching purpose of our
professional work is shifting from
winning legal victories to p...
Commit to learning about
Integrative Law!
The Centre for Integrative Law
SAILA – South African Integrative
Lawyers’ Association
www.integrativelaw.co.za
WOLELA – ...
The path is laid in SA for a legal system
embracing higher values
 our Constitutional court acknowledges the value of res...
What does this require of you?
1. We need to take care of ourselves. Physically, intellectually, emotionally and
spiritual...
“And every day, the world will drag you by
the hand, yelling, “This is important! And this
is important! And this is impor...
Lawyering at Higher Levels
Lawyering at Higher Levels
Lawyering at Higher Levels
Lawyering at Higher Levels
Lawyering at Higher Levels
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Lawyering at Higher Levels

Exploring how a lawyer's level of thinking and consciousness relates to his or her ability to solve client problems meaningfully. with reference to 7 Levels of Consciousness & Spiral Dynamics.

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Lawyering at Higher Levels

  1. 1. Lawyering at Higher Levels Exploring how a lawyer’s level of thinking relates to his/her ability to solve client problems.
  2. 2. 4 November 2002 14 years ago. A leap of faith.
  3. 3. Lawyer Distress LevelsD epression A lcoholism Psych.DistressD issatisfaction 0% 5% 10% 15% 20% 25% 30% Depression Alcoholism Psych. Distress Dissatisfaction All Lawyers General Population 3
  4. 4. Lawyers & Alcoholism  The American Bar Association estimates 15% to 20% of lawyers suffer from alcoholism and substance abuse.  The Attorney Registration and Disciplinary Commission reports that substance abuse is a factor in 50% of the disciplinary cases that come before them.  “The Other Bar” has been created in California to provide 12 Step meetings for addicted lawyers. They have 32 different meetings listed on their website. 4
  5. 5. Let’s Get Present: Mindfulness
  6. 6. "Problems cannot be solved by the same level of thinking that created them." Albert Einstein
  7. 7. "No problem can be solved from the same level of consciousness that created it.” Albert Einstein
  8. 8. Neil Degrasse Tyson, US astrophysicist
  9. 9. Another astrophysicist courtesy of Google images
  10. 10. Lawyer, Know Thyself: A Psychological Analysis of Personality Strengths and Weaknesses
  11. 11. The New Legal Skills  New Professional Role - “Wise counselor,” ethic of care - Equal partner w/ client  New Intrapersonal Skills  Countertransference  Boundary management  Anger management  Selfawareness and selfknowledge  Reflection, mindfulness  Paternalism and coercion checks  Appropriate self-disclosure New Interpersonal Skills  Listening  Empathy  Confrontation/wise counsel  Apology, forgiveness, reconciliation
  12. 12. The New Legal Skills  Interdisciplinary collaboration  Rewind/fast forward  Psycho-legal soft spot identification  Triage of cases  Collaboration & teambuilding  Conflict resolution  Problem solving New Dispute Resolution Skills  Mediation or advocacy in mediation  Collaborative law, transformative mediation  Procedural justice  Restorative justice (circle process)  Problem solving courts (DTCs, UFCs, etc.)
  13. 13. The Multi-Dimensional Lawyer  Designer  Problem Solver In addition to:  Fighter
  14. 14. Skills Needed for Preventive and Problem Solving Lawyering (Prof Thomas Barton) Processing information:  thinking systemically  foreseeing and assessing risks  understanding human relationshipsal Skills  impartiality and fairness  analytical rigor (even quantitative methods?)  imagining interventions to break apart pathological patterns  procedural flexibility
  15. 15. Skills Needed for Preventive and Problem Solving Lawyering Gathering information active listening probing for goals flexible framing of issuesnformation openness Empathy trust loyalty
  16. 16. How Many of These Do We Teach?
  17. 17. "No problem can be solved from the same level of consciousness that created it. Albert Einstein
  18. 18. 2 models of consciousness 7 Levels and Spiral Dynamics
  19. 19. Stages in the Development Personal Consciousness Service Makingadifference Internal Cohesion Transformation Self-esteem Relationship Survival
  20. 20. Spiral dynamics Spiral Dynamics is the work of Dr Clare Graves, developed further by Don Beck.
  21. 21. Where do you think your level of consciousness might be at? You are unique.
  22. 22. Lawyers solving problems at a different level of consciousness Some examples
  23. 23. EXAMPLE 1: Sheena St Clair Jonker • Sexual abuse case involving a minor • Mother of 17 year old consulted Sheena • The woman’s husband and girl’s stepfather was accused of sexually abusing her btw ages 13 to 16. • Only 2 witnesses – the girl and the stepfather. • Psychiatric reports corroborate that she was abused.
  24. 24. Results of Restorative Justice Process 1. He has agreed to a lifelong no contact order and an interdict in terms of the Domestic Violence Act, Prevention of Harassment Act and other law. The no contact order extends to her immediate family and future spouse and employers 2. He has agreed that he may not apply for or take up any jobs working with minor children 3. He has agreed that if he breaches any part of the agreement, in addition to consequences that flow from the breach of the relevant interdicts, he will, by agreement be enrolled on the sexual offences register. 4. It was agreed that although the agreement could not bind the prosecution, the defence could use it to make submission on withdrawal of charges/ stay of prosecution 5. He has agreed to bind himself to a therapeutic process which, I will, by consent have access to reports on for a predetermined period 6. He has admitted that he has caused irreparable harm and that he abused a position of power. (His admission for the purpose of the RJ process and on record does not constitute an unequivocal confession on all elements of the crime that could be used to support a conviction on the charges. This was a compromise reached)
  25. 25. Example 2: Laly Mourenon, Monaco Case of house ownership dispute between father and son “Bringing psychology into a case and thinking of the dynamic of the relationship (especially Freud, Karpmann) helped me understand one thing: to win my client had to let go. Clearly not something lawyers are willing to do usually!”
  26. 26. Results of the father/ son conflict • The father missed the relationship with his son – even though it was full of conflict. • The son moved on emotionally as he finally felt free of his father. • The son refused to re-engage in the conflict dynamics. • The father eventually willingly and spontaneously signed the deed of the house and offered it to his son. “A whole brand new relationship had begun and I am pretty sure: had the son fought for the asset in court , they would still be in court as of today.”
  27. 27. Example 3: Drug Courts: Judge Peggy Hora Average person convicted in drug court – is committing about 400 crimes a year! People say “we can’t afford drug courts” Peggy says “you can’t afford not to” – in terms of the amount of court time, the effect on families and children. In California they save $90 million a year by having drug courts.
  28. 28. Example 4: Comic Contracts Rob Derooy 
  29. 29. An emerging jurisprudence: “the overarching purpose of our professional work is shifting from winning legal victories to providing meaningful conflict resolution services for our clients, what kind of person the lawyer is matters equally as much as the power of the lawyer’s intellect.” Pauline Tesler, Director of the Integrative Law Institute in San Francisco
  30. 30. Commit to learning about Integrative Law!
  31. 31. The Centre for Integrative Law SAILA – South African Integrative Lawyers’ Association www.integrativelaw.co.za WOLELA – Women Leading in Law www.wolela.co.za Finding New Ways for Women to Lead in Law (annual conference) www.findingnewways.co.za
  32. 32. The path is laid in SA for a legal system embracing higher values  our Constitutional court acknowledges the value of restorative justice – has said an apology is often more important than a monetary payment  We have the guiding principle of UBUNTU in constitution  In African Customary Law - public apology & reparation to victims & community was necessary. Focus was never retributive. Therefore process would need to rehabilitate the offender by matter of course.  We don’t have problem solving court culture – but we do have sexual offences court and Child justice courts
  33. 33. What does this require of you? 1. We need to take care of ourselves. Physically, intellectually, emotionally and spiritually. 2. Manage our stress levels 3. Be curious to learn more about ourselves. 4. Know that our own world view is just one of many. 5. Think about coaching, or even therapy. 6. Take a course in Spiral Dynamics, or Creative/ Lateral Thinking or in Negotiation Skills, Conflict Management, Neuroscience, Family Dynamics 7. Reflect on why you were drawn to the profession in the first place. 8. Talk to others about tricky cases and see what views they may hold 9. Don’t get trapped in the billable hour cycle of not being able to stop chopping the tree to sharpen the axe. Take time out. 10. Write on your wall: The Longest Journey you will ever make is the journey from your head to your heart.
  34. 34. “And every day, the world will drag you by the hand, yelling, “This is important! And this is important! And this is important! You need to worry about this! And this! And this!” And each day, it’s up to you to yank your hand back, put it on your heart and say, “No. This is what’s important.” ~Iain Thomas

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