| Steven Keeva reminds us in Transforming Practices: | | | | situations, they can help clients clarify priorities, link to |
| Finding Joy and Satisfaction in the Legal Life that "[t]o | | | | other helping resources, and both lawyers and clients |
| the extent that you enter it as a calling, the practice of | | | | can become more efficient and goal oriented. |
| law is about hunger - the hunger for resolution; for | | | | âEUR¨âEUR¨In considering the role |
| healing the lives of individuals,... and communities; for | | | | of attorneys, scholars and counselors have suggested |
| enabling society to function harmoniously and | | | | that it properly includes empathy and guidance, |
| productively; and ultimately, for justice." | | | | resembling what crisis workers call "psychological first |
| Family law attorneys are litigators within an often | | | | aid." A three-step process has been designed to help |
| radically adversarial setting. Clients who seek us out | | | | attorneys facilitate disclosure of relevant information in |
| find themselves deeply within the throes of wrenching | | | | order to formulate a strategy for providing help. |
| emotional disequilibrium. Our training has conditioned us | | | | * Encouraging the client to express concerns and |
| largely to believe that achieving the relative justice that | | | | emotional reactions (this assists the client in describing |
| client reactivity demands is our calling. The fact that | | | | the situation). |
| we are able to command outrageous sums to assist | | | | * Thorough empathetic listening enables attorneys to |
| our clients subtly reinforces a blindness to the more | | | | help clients acknowledge emotions |
| positive opportunities that our roles position us for. We | | | | * After this, the attorney may begin to develop and |
| may confuse a transcendent "hunger for resolution" | | | | verify problem-solving theories based upon what has |
| with actualizing or even capitalizing upon our client's | | | | been learned. |
| stated aims for outcomes that are not at all | | | | It is essential that attorneys help evaluate alternatives |
| transcendent for them. | | | | in dealing with the problem, and in order to accomplish |
| Remembering that clients are uniformly in crisis - to | | | | this, attorneys need to actively listen and respond to |
| such an extent that they will deposit with us large | | | | these feelings rather than focusing merely upon the |
| retainers borrowed on credit cards or from family | | | | facts. The attorney's role is to establish rapport |
| members in amounts that parties not in divorce might | | | | (support must be developed and feelings explored |
| never otherwise consider spending - is more a | | | | before any real progress can be made). In order to |
| reflection of the participant's distress than the fact of | | | | handle cases efficiently, attorneys need to understand |
| how "good' a lawyer we are. This can seduce us into | | | | the motives, personality structure, and unconscious |
| valuing ourselves more in terms of the fees we can | | | | thoughts in order to 'expose' the unconscious material |
| demand and receive then those we earn or forego, or | | | | from what appears to be a confused |
| in admitting our obligation to guide clients responsibly, | | | | client.âEUR¨âEUR¨ |
| and in so doing "enabling society to function | | | | From a lawyer's point of view, it is both practical and |
| harmoniously and productively." Each of us must | | | | efficient in the long run to deal directly with the |
| decide for ourselves whether to pander to client | | | | emotions which a client brings. The time saved sticking |
| reactivity. Like most symbiotic relationships, ironically, | | | | to the legal objective and objective legal facts is likely |
| our fate as human beings who happen to be lawyers | | | | to be lost if the client confuses facts with feelings. |
| is dependent upon the experience of those we would | | | | Counseling approaches that can be utilized by lawyers |
| serve. Understanding the effects of crisis, and the | | | | in helping clients in crisis situations include: |
| consequences of failing to address crisis constructively, | | | | * Communicating effective concern |
| offers one path to redemption for lawyers and clients. | | | | * Allowing the client to express feelings |
| It offers a way out of the burn out that the crisis of | | | | * Exploring the precipitating event (that brings the client |
| dealing with people in crisis may cause. | | | | to the lawyer) |
| For many people the experience of divorce is one of | | | | * Examining past coping efforts to similar problems |
| the most difficult and traumatic crises that they will | | | | * Focusing on the immediate problem |
| ever encounter. With 50% of first marriages and 65% | | | | * Helping the client develop a cognitive understanding |
| of second marriages in this country ending in divorce, it | | | | of the problem |
| is also one of the most common. Feelings of fear, | | | | * Seeking practical solutions |
| helplessness, confusion, inadequacy, anxiety, hurt, and | | | | * Structuring a plan for action |
| exhaustion are normal. The failure to skillfully manage | | | | * Making appropriate referrals to mental health |
| these feelings and to apply a solutions focused | | | | providers and others |
| approach to resolving legal disputes can seriously | | | | In order to make psychological contact with clients: |
| impede a person's wellbeing and present and future | | | | * Both facts and feelings need to be addressed |
| functioning within their families, at work, and in social | | | | * If feelings are ignored, it is very likely that the client will |
| relationships. The stress of relationship break up can | | | | present facts poorly |
| destroy one's health and make one feel almost insane | | | | * Clients in distress convey what they feel in |
| at times.âEUR¨âEUR¨ | | | | * What they say |
| Emotional difficulties emerge around all kinds of legal | | | | * How they act |
| issues involving relationship and family break up. Mental | | | | * What they do |
| Health Professionals have long observed that the crisis | | | | * Attorneys should recognize the feelings verbally and |
| experience of people in divorce ranks at the top of the | | | | then give the client the opportunity to respond |
| subjective Social Readjustment Rating Scales, second | | | | Lawyers function best at this stage. While listening we |
| only to death of a spouse; indeed, the consequences | | | | should consider how the event might have disrupted |
| of divorce may be more debilitating than the threat of | | | | our client's life and goals. We should listen to what the |
| a jail term or the death of a close family member. The | | | | event (i.e., divorce, custody, move-away) means to the |
| experience of clients has profound implications not just | | | | client. We should consider destructive propensities on |
| for effective lawyering, but to the larger contributions | | | | the part of the client in response to the crisis. |
| lawyers may offer to people and society in general. | | | | Examining Possible Solutions |
| Those contributions are what Keeva speaks to, and | | | | The simple fact is that a client who seeks out an |
| why most of us decided to become attorneys once | | | | attorney is attempting to cope with the crisis, a |
| upon a time, in a land that seems far, far away. | | | | powerful first step. Lawyers need to know about |
| Lawyers are front line responders to crisis, but we | | | | available community resources (clergy, shelters, |
| don't understand this role because nobody taught this | | | | self-help groups, therapists). Because any given |
| to is - at best, we bump into this reality intuitively but | | | | solution can seem to make sense at one moment or |
| then are at some loss to know what to do with it. | | | | another, the lawyer should evaluate with the client |
| Many attorneys claim they have no interest in dealing | | | | different possible solutions. |
| with their client's emotions. Former Chief Justice | | | | It is imperative that over-eager lawyers not act too |
| Warren Burger famously criticized lawyer's lack of | | | | quickly. We as lawyers need to question our motives. |
| technical experience with crisis, which has to some | | | | We should encourage clients to do as much for |
| small extent changed law school training formats so | | | | themselves as they can. We should question the truth |
| that some schools teach therapeutic skills as well as | | | | of the thought that our job ends with helping the client |
| legal skills. Yet, lawyers remain widely ignorant and | | | | realize whatever goal they think will dispel the crisis, or |
| disinterested in holistic interventions to help their clients. | | | | that is it unseemly or unethical for us to act as |
| And, is this belief true? If we don't want to deal with | | | | examples and guides. Exactly the opposite is true. |
| client emotions, family lawyers would be more | | | | Legal solutions are likely to have their intended effect |
| productive forming corporations or defending insurance | | | | only if the client's needs are clearly understood and the |
| companies. | | | | client is motivated to cooperate with the attorney. This |
| Attorneys and staff have frequent contact with | | | | is impossible if we lack the interest in taking |
| individuals in crisis in family law settings. By recognizing | | | | responsibility for who we have become and our place |
| and defusing intense feelings, points of view, and | | | | within the interlocking web of community. |