Holistic Law: Embracing a Whole-Picture Approach

The Concept of Holistic Law

To fully understand Holistic Legal Practices, they must first be defined. What are holistic legal practices? How do they differ from applying traditional legal approaches to discharging one’s legal duties? What qualifies as an issue that is best addressed in a holistic manner?
First, consider that the adjective "holistic" means to get and apply the big picture idea rather than looking separately at the parts. The theory behind this approach is that how all the parts work together is important. In this way, the whole is more than the sum of the parts. So, the term "holistic legal practices" describes a method of applying and administering legal duties that considers the range of issues and the areas that are unexpectedly impacted by decisions made in pursuing legal work. Just doing a lot of legal activities that are sometimes found in law can cause poor results . It is important to keep to the full range of legal issues and solutions and their future impact. If a lawyer examines this topic and proceeds in legal work without that broader view, mistakes, misrepresentations and/or limitations will likely occur. Lawyers who practice in this way often say that the palliative approach, or the piecemeal approach, has far too many unintended risks associated with it and does not reflect the true nature of various aspects of our daily lives. The difference between doing work in the way they are suggesting and other traditional approaches is that the lawyers who practice in this way focus on the manner in which issues affect things now and later. Law practice clients can also obtain value because the practice they use considers a wide range of circumstances, which is something that is often ignored because it does not support the position that was first chosen.

Principles of Holistic Legal Practice

The tenets of holistic law rest on the belief that every dispute, regardless of how outer-directed, has its root in an internal conflict. And as alarming as it may sound, it is the litigators themselves, with their heavy mental concentration against the other side’s position, their notice and almost devotion to the specificity of the case information, and their copy-master-like focus on whether they got a paragraph right, who are largely responsible for the perpetuation of this conflict and the subsequent acrimony to follow – well, that is if we allow ourselves to believe in the war mentality.
In contrast to the traditional approach to law, there is in holistic law the belief that all parties have common interests and that it is very possible that those interests can be achieved cooperatively, together, instead of apart and separately. Not only must the lawyers be persuaded of this, but they must communicate it to each of their individual clients as well. Further, they must all be equally dedicated to the resolution of their situation collaboratively through open communication and discussion of the issues presented, with the goal being to find mutual benefit and compromise for the greatest good of all concerned.
Of course, execution of the approach will not occur without change; all autonomic change, however, begins with intention – "what you put out comes back". For if the lawyers are behaving in a holistic manner (legal professionals require training to walk the walk), then they are focused on repair of the family (to the best extent possible) and not merely the family financial position. They are speaking the language of "we" and not "us and them". They are facilitating the process and not impeding it. They are counselors and not bouncers. They are trained to recognize the playing of games no matter what side of the table it comes from and to respond in accordance with the spirit of the law.

Advantages of Holistic Legal Practice

While the focus for many law firms is on what the law says (and how it could apply), a holistic approach to the legal process can lead to a more satisfactory outcome for all parties as a whole. As many lawyers can attest, it’s common to find clients who have limited understanding of the law and how it might affect them or their business. This can lead to frustration, stress and even ill-feeling towards the organisation in question. A holistic legal approach means taking into account the client’s needs, understanding their long-term objectives, and finding solutions that are both legally correct and potentially beneficial in the wider scope of the individual client’s situation. This helps to avoid potential pitfalls, while steering your clients in a direction that will increase the likelihood of a successful outcome that’s beneficial overall. This type of approach also makes the notion of speaking with a lawyer to handle a specific situation a much less daunting prospect for many clients. In turn, this can provide greater opportunities for work to be secured across a range of areas. If a firm is able to demonstrate that it has worked hard to understand a client’s situation, in order to bring about a positive outcome, then it is much more likely that that client’s attentions will be turned towards the firm for future work. If you are dealing with a small start-up company, for example, the chances are that the potential of meeting with your chosen lawyer will be extremely off-putting. However, if they’re able to present themselves as approachable, helpful, and understanding, your client is much more likely to choose them again in the future, even for bigger work. A holistic approach is not always easy, and it takes well-developed communication skills along with an understanding of the importance of relationship-building, to be able to do so. However, it is undoubtedly a worthwhile way to work that will ensure clients receive the most accurate advice possible, and that law firms are able to build solid relationships with each and every one of their clients.

Integrating Holistic Practices into the Legal Industry

The prospect of integrating holistic approaches into a legal firm’s practices may seem daunting at first, but it can be broken down into manageable steps. The following outlines a basic plan for making the transition:
Conduct a Needs Assessment
Before implementing holistic practices, a thorough needs assessment is essential. This process should encompass all areas of the business, from the administrative staff to the clients. Questions to consider:
• What do employees need in order to do their job well?
• What do clients need to feel cared for and understood, and to choose you over your competition?
• What are the biggest challenges within your firm?
The answers to these and other pertinent questions should form the foundation of your strategic planning for the new business model.
Shift Your Mindset
Holistic legal practices require a higher level of awareness and mindfulness than traditional methods. As clients are experiencing a high level of stress, attorneys and administrative staff must remain centered in order to provide the highest level of service.
Practicing meditation on a daily basis is the best strategy for creating the level of focus necessary to practice law in a mindful manner. Meditation does not have to be time-consuming – just 10 or 15 minutes a day can be remarkably helpful for reducing stress levels and improving your mindset.
Create a Blueprint
Once your mindset has shifted to that of a more mindful lawyer, it’s time to create the blueprint for your new holistic business model. This plan should encompass everything from company culture to employee training, including compensation packages, billable hour requirements, methods of client communication, and administrative support.
Some changes can be made immediately, while others will take more time to implement. It is vital to allow the proper amount of time to pass before fully gauging your success with the implementation.
Tackle One Change at a Time
No part of the overhaul should be rushed. Changes should be made only as people become comfortable with the new processes. If an employee is confused about his or her role under the new system, this lack of clarity can increase stress and lead to a decrease in job satisfaction and performance.
Be prepared for a dip in income during this transition period, and allow enough time to pass so that every employee can adapt before measuring the success of the program.
Continue Serving Clients
Even as you implement holistic practices within your firm, continue providing excellent service to your clients. More than anything, this dedication to helping clients reach a resolution – without stressing them out any further in the process – will inform your decisions about how to transform your practice.

Examples of Holistic Law Before and After

Holistic legal practices have been embraced by a number of forward-thinking law firms. By incorporating the concepts of holistic law and the practices of collaborative law, mediation and conflict resolution, these firms have been able to serve their clients more effectively.
The following case studies highlight how both corporate and family law issues have been resolved effectively using holistic approaches.
John Smith & Associates
John Smith & Associates is a corporation specializing in medical, accounting and financial services. They were recently involved in a dispute over the appropriate non-compete provisions for one of their highly specialized employees. The partners of the firm were adamant that no additional services would be performed once the partner left the firm and therefore did not want him to compete. However, as the negotiations wore on, it became apparent to the partners that the marketplace would not support the fallow state required by the partners. Due to that fact, conflicts arose between the partners and the employee which resulted in an impasse.
The matter was referred to an alternative dispute resolution professional who worked independently with the parties and their counsel. Eventually, after some good legal education and some creative thinking by both parties, a successful settlement was achieved.
The outcome of this matter was much more acceptable to the business than the original proposal put forth by the partners. A schedule was developed along with appropriate time limits which allowed the former employee and the firm to grow together rather than apart . What is often overlooked in these situations, however, is the cost savings. Not only were the legal fees reduced significantly because of the time saved due to the process being faster, the outcome was also so much better that the firm avoided many tens of thousands of dollars in potential losses.
Hoffmann Becker Singerman
Hoffmann Becker Singerman was involved in a mediation concerning the custody and support of a large family. The wife had three children from a previous marriage and finally, after 10 years of trying to make it work, she was convinced that her present marriage was over. The difficulty with the entire matter was the spouse’s reluctance to accept his circumstances. His ability to see what really was occurring and not what he wished was causing the problem. As with the former case, some good legal education on the part of the mediator, as well as the support of a mental health professional, provided the basis for a successful conclusion.
The outcome allowed the firm to conclude their matters with the parties and to settle a very lengthy case becoming better known as the firm to call with "difficult clients." The result assisted the firm with its advertising campaign that they were central to conflict resolution. In addition to the cost of litigation being reduced due to the speed and efficiency of the process, the emotional stress placed on the firm was eliminated as relationships among the people involved were salvageable.

Obstacles to Holistic Law

Navigating a paradigm shift is no walk in the park. As with all other areas of business, the legal sector is often resistant to change. It can be difficult to convince legal professionals to look outside their traditional bubbles of work, even if it’s in their best interest. When it comes to holistic legal, there are a number of potential roadblocks. One of the biggest obstacles to the widespread adoption of holistic legal methods is the propensity to silo information. In the legal world, divisions often form even when they shouldn’t. Lawyers tend to focus on their individual practices and departments, paying little attention to what other lawyers and departments do. This is problematic because holistic legal requires all departments to work together seamlessly. It’s vital that departments proactively share information and regularly convene to brainstorm solutions for ongoing client issues. Another problem in the legal industry is the lack of time spent on long-term planning. Most legal professionals spend the majority of their time working on whichever cases need the most immediate attention. They’re constantly putting out proverbial fires, leaving no time or energy for more thoughtful and measured decision-making. At the same time, there’s often little incentive to work overtime or get additional things done since incumbent law firms are already so busy. Adopting holistic legal means solving both of these challenges. To implement a holistic approach, your firm should focus more on the future, rather than spending all of its time firefighting and dealing with immediate problems. This requires you to make the effort to carve out a specific time every week or month for long-term planning. Once you’ve done that, you’ll likely find the time you’ve freed up for future planning allows you to solve smaller problems with ease. Partnering with an experienced legal consultant is another solid way to overcome the programming limits of your current system. Your consultant will teach you how to increase collaboration amongst departments and overcome the phase of ever-fighting case work.

The Prospects for Holistic Legal Practice

As we look towards the future, the holistic approach stands to revolutionize the way legal professionals engage with their clients and the broader community. Fundamental shifts in client expectations, technology, and legal regulations will continue to shape the evolution of holistic practices.
Clients are becoming increasingly informed and sophisticated in their understanding of legal issues and are demanding more than just legal advice. They want advocates who holistically understand their businesses and lives. This will compel lawyers to evolve into business strategists, personal advisors, and educators. To effectively serve their clients, they will need to focus on the long-term relationship by emphasizing collaborative problem-solving and risk prevention. The full impact of this shift will only be realized as the practice becomes mainstream.
At the same time, technology will enable a more holistic approach. Cloud-based management systems will allow firms to handle operational functions more efficiently and remotely via mobile devices, freeing up time for lawyers to spend with clients. Social media will give firms opportunities to more directly connect and build relationships with potential clients , as well as to educate consumers about complex matters. Machine learning will make it easier to understand trends and to predict case outcomes. As firms begin to utilize these tools, the holistic approach will quickly become a preferential method of service.
The "big-picture" view that holistic legal practices foster will also lead to a more collaborative legal environment. As more firms adopt this approach, they will seek out other like-minded professionals for both formal partnerships and informal alliances. Business agreements and contracts will be developed outside of the core legal team, with the lawyers playing an advisory role. Lawyers will no longer serve as gatekeepers who control access, but merely as the facilitator that brings people together.
Finally, as people learn to demand holistic services, regulators and law schools will follow suit. Law will be treated as a business need, similar to HR or accounting, creating a greater emphasis on understanding how clients fit into the broader context. Law firms will need to prepare by training their teams on how to use this approach. Firms that are willing to adapt to these rising trends will succeed.