Vancouver hosts successful holistic law conference

Where you have state imposed injustice, tyranny--you will not find an independent Bar. It falls to each of us to uphold the tradition of our profession and live it with honour and pride.

After describing how he helped parties settle a case, Gandhi wrote: “My joy was boundless. I had learnt the true practice of law. I had learnt how to find out the better side of human nature and to enter men’s hearts. I realized that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby--not even money, certainly not my soul.”

The International Alliance of Holistic Lawyers held its 6th Annual Conference in Vancouver from November 12-16, 1998. The Conference Theme, “Joy in the Practice of Law”, initiated an interesting debate which reverberated well before and beyond the three formal days of the conference. Many of the invited speakers told of personal journeys of exploration in preparation for the conference: “I had never really thought of myself as a holistic judge,” said Provincial Court of BC Associate Chief Judge Dennis Schmidt. “Or, that what we’ve been doing here in BC could be described as holistic practice.”

Participants traveled to Vancouver from all parts of the globe, bringing with them a variety of personal and professional definitions of holism, holistic law, and what joy in the practice of law really means. The discussions were animated, the sharing intimate, and the lessons learned were remarkably applicable to the daily practice of law and life. The weekend’s sessions provided an interesting journey into the multiple facets of what holistic law is, and what it is envisioned to be.

Luncheon keynote speaker The Honorable J.J. Kelly, QC (Australia) described holistic law as “a method of practising law by which legal practitioners representing disputing parties seek to establish what is the true nature of the dispute between the parties and thereafter seek what is and is seen by the parties to be a fair, just and equitable result...” In describing a holistic judiciary, Mr. Kelly stated “A judge practices law holistically when she or he is thoroughly prepared to deal with the case before him or her, is courteous, fair and just, and is seen by the parties to be so, and is not affected by prejudice or ill will.”

Bill van Zyverden, President of the IAHL, described a holistic lawyer as one who looks for integration and balance in his/her spiritual, mental, emotional and physical selves. He concluded that to practice law holistically is to practice life holistically. Another participant described holistic practice as an acknowledgment by lawyers that all of our actions affect not only our clients or the opposing players, but also ourselves and the broader community.

A humorous description of what holistic lawyering is NOT, from a family law practitioner’s perspective, was presented by Gerald Lecovin:

• The Rule of Letter Drafting “Never be dispassionate when you can be sarcastic.”
• Always answer phone calls at lunch when you know the other lawyer is out of the office.
• Save three-page bad news letters until Friday at 4 pm--so they can spoil someone’s weekend.
• Serve the other side with a six-page deposition as they are walking into court.
• Always set down contested applications as soon as you know they are taking the next two weeks off for vacation.

This led to an ongoing discussion of the challenges of the holistic practice of litigation. Associate Chief Judge Dennis Schmidt presented the BC experience of developing judge mediation options in small claims, family court and child apprehension cases, to help people reach resolution of conflict outside of a costly, time-consuming and adversarial court process. “Contrary to what people thought would happen, mediation has been positively received by everyone involved--including the lawyers.”

Ian Aikenhead, a BC litigation lawyer, challenged lawyers to “revalue” their work: “The word ‘work’ seems so full of drudgery. When ballet dancers or sculptors speak of the importance of their ‘work’ it seems so positive. Why does our work seem so negative?” said Mr. Aikenhead. “The fact is that the law contains some wonderful and fascinating values. Somehow we have let the competitive and often paranoid relations we have with other counsel and our clients pervert our view of the idealism of the law, and we don’t give the law or our work the respect it deserves.”

In discussions of why we should enjoy the practice of law, these reasons were presented (among others):

• We are part of a long and noble tradition, through every culture, time frame and political system.
• We are the recipients of respect for the intellect inherent in our profession. (Subnote: age can be a friend to all of us in terms of wisdom--we don’t have to be afraid of it. )
• We contribute a service to the public, not only in the technical/contractual “glue” that holds our business and economic relationships together, but in the development and upholding of laws which hold our families, communities and society together.
• We have a part to play in protecting individual freedoms and individual rights, and are generally at the forefront of protecting the freedom of society. (That’s a philosophy prevalent in the US, and a gift that US lawyers give to other lawyers.)
• We have the skills, education and experience to bring disputes among members of society to a reasonable resolution (usually without bloodshed!).

Pride and joy in the profession of law is a missing element for many lawyers. Evidence is mostly anecdotal--how many lawyers do you know who speak with passion and love about their work?--but there is also solid research which suggests that the ills of alcoholism, suicide and everyday mental and physical stress are taking a toll on many lawyers and their families. The IAHL was founded in part as a forum for individual lawyers seeking to reconcile the “whole” of themselves with their practice of law. For more information about the IAHL or the recent Vancouver conference, contact BC members Bob Eades 604.681.5874 or Charlotte Gottschau 604.878.1266.

This article was published in the December 1998 issue of BarTalk. © 1998 The Canadian Bar Association. All rights reserved.