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Holistic Philosophy Law Practice Mindfulness

The Role of Unsatisfactoriness in Legal Problems

The first noble truth in Buddhist philosophy is that life includes dukkha which is roughly translated from Pali by contemporary scholars as a sense of “unsatisfactoriness.”  From an evolutionary standpoint, being “wired” with this sensitivity makes sense as an internal motivator for humans to venture out into their environments seeking food, shelter, procreation, etc.

One could argue that we as a species have reached an evolutionary milestone, at least within contemporary American culture, at which our basic survival needs are largely satisfied, and much of the dangers to survival that may have predominated at some earlier point in our evolution are no longer present.

Nevertheless, our programmed inclination towards “unsatisfactoriness” still exists, to some extent, within all of us.  It would seem plausible that this programming continues, however, to motivate us to almost continuously scan the environment for perceived threats.  In contemporary times with most true threats to our survival extinguished, perceived threats have come to primarily include internal, thought-driven notions of identity or “ego,” and ideas of how life “should” or “should not” be.

It it is within this second category of perceived threats to identity driven largely by ideas of how life needs to be that often gives rise to legal conflict. Individuals will invoke legal process to effectuate some result that they believe will, to some extent, cause life to become more in line with his or her expectations of how life should be.

The integration of mindfulness in law practice seeks to address this phenomenon at its root by working to cultivate heightened clarity on a client’s preconceived notion that may be motivating a desire to pursue litigation in the first instance. By helping clients begin to dis-identify from these conditioned notions, more creative solutions beyond adversarial litigation are far more likely to manifest. These holistic solutions are far more likely to truly help the client in potentially transformational ways, as well as move society towards a more just foundation.

to learn more about holistic law and the integration of mindfulness in law practice, contact Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.mindfulaw.com.

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Holistic Philosophy Law Practice Mindfulness

Mindfulness in Law As An Essential Starting Point For Clients

When distilled to their roots, most legal problems, both civil and criminal, can be traced to thought-driven ideas of what one needs to obtain, achieve, realize, etc. in the future in order to be “happy” (and associated fear of what one thinks may happen if one fails to make the future conform to these ideals), or anger, resentment, etc. over past events that one may consider responsible for suffering in life that he or she may be experiencing.

What these orientations towards life share in common is a strong tendency to withdraw attention from the present moment, and it it is only within the present moment that peace and happiness can be realized. Legal problems often trigger habitual responses that one may have employed in thanks hon east to cope with painful life situations.  The problem in reacting in such a habitual manner, however, is that one becomes largely disconnected from the realities of the present moment.  In the process, he or she is likely to overlook important factors and dynamics of the current situation thereby losing opportunities to identify creative solutions that hold transformational potential for his or her life, as well as the lives of others likely to be effected by the resolution of the current situation.

The incorporation of mindfulness in law facilitates the identification of optimal solutions to legal problems by working to help clients dis-identify from learned conditioning and habitual reactions, prior to implementing a decisive course of legal action.  In the absence of this clarity, one is highly likely to repeat similar undesirable life situations in the future.

To learn more about mindfulness in law practice, contact Holistic Lawyer Michael Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.

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Holistic Philosophy Law Practice Mindfulness

Holistic Law: Providing Optimal Clarity in Conflict Resolution

Almost by definition, involvement with our civil justice system presupposes the occurrence of some event perceptively violative of one’s conditioned notions of “right” and “wrong” behavior.  Such circumstances can easily serve to trigger habitual reactions towards “unfairness” that may stem from early life experiences and conditioning.  It is such conditioning that may cumulatively come to form the foundation of an “ego” or self-concept that may largely dictate one’s decision-making and overt behavior unless one becomes later able to dis-identify from these conditioned patterns and instead cultivate heightened conscious attention to present-moment experience.

Traditional law practice largely ignores one’s conditioned thinking and habitual reactions prior to determining a course of action.  Even if a client is able to enjoy a short-lived “victory” through the litigation process, ignorance of these dynamics is highly likely to do little more than perpetuate his or her unchecked habitual reactions in the future.  The attorney fails to to truly help a client in the long run, and often serves to accomplish little more than ensuring the likelihood that a similar undesirable situation will recur.

It is this likely recurrence of undesirable life situations that can result in a serious drain to the client in terms of further wasted time, physical and emotional energy, financial resources, etc.  Thus, by failing to employ a holistic approach, traditional law practice fails to truly serve the client.

In contrast, holistic law practice emphasizes work with clients to uncover conditioned thought and habitual reactions to facilitate a client’s dis-identification from these factors.  In facilitating this dis-identification, clients become far better able to view their situation with unprecedented clarity, less bound to the past, and can then work toward creative solutions to conflict resolutions that hold true transformative potential.

To learn more about holistic law practice, contact Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.MINDFULAW.com.

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Holistic Philosophy Law Practice Mindfulness

The Importance of Right Action in the Context of Legal Disputes

Through the cultivation of mindful attention to present-moment experience, we can begin to sense an inner peace grounded in being, apart from our thoughts, learned conditioning and habitual reactions. Initially this discovery of inner peace unconnected to external stimuli can feel extraordinarily liberating to those who have been mired in self-judgement, critical thought, delusion, craving, and other diversions from grounded experience, perhaps for decades.

At some point, however, this new-found liberation which, at its essence gives rise to compassion borne of a grounded connection to all of life, must be carried forth to the external world. This felt connection to all of life must be manifested through a action in order to be sustained and grow over time.

Thus, in Buddhist teachings, Right Action is considered the fourth precept of the Eightfold Path toward enlightenment, springing from compassion and embodying principles including Right Intention, Right Speech, and Right Action. These principles are of particular import in the context of legal disputes and interpersonal conflict.

In a mindful law practice, the holistic lawyer works with the client at the outset of the attorney-client relationship to cultivate the necessary compassion before the client charts a decisive course of action moving forward. In the absence of this compassion, a client is highly likely to manifest an approach to conflict that embodies habitual reactions tied to years of learned conditioning (i.e., ego).

To learn more about the integration of mindfulness in law practice, call Holistic Lawyer Michael Lubofsky at (415) 508-6263, or visit http://www.MINDFULAW.com.

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Holistic Philosophy Law Practice Mindfulness Random Thoughts

What Is A Holistic Lawyer?

In an industry as shrouded in mystery and misinformation as the legal industry, most anything out of the ordinary is met with a fair amount of skepticism.  The public is confused enough when trying to define a “lawyer” versus  “attorney” or “esquire.”  When I introduce the concept of “holistic lawyer” to people, usually it is the first time they have come across the term, and usually they have little idea of what I mean.

What is a holistic lawyer?  A Google search for the definition of “holistic” produces the following:

characterized by comprehension of the parts of something as intimately interconnected and explicable only by reference to the whole.

When applying this definition, a “holistic lawyer” is an attorney who believes that a particular situation or “legal problem” cannot be adequately understood and addressed in the absence of a thorough understanding of the individual and the component parts of his or her life that may have contributed to current difficulties, or that may be affected by the ways in which the particular situation is addressed moving forward.

The holistic approach to legal situations, which strives to consider the broad universe of a client’s life, is fundamentally different from the traditional approach to law practice.  The traditional approach primarily seeks to identify objective facts that may give rise to a proscribed cause of action or a defense to a claim being asserted against the individual.  The attorney’s focus on these objective facts most often excludes more subjective experiential realities of a client’s life.

Because of the narrow focus of traditional law practice, solutions stemming from this orientation usually come up short in improving a client’s life in truly meaningful, long-lasting ways.  Though this approach may result in some monetary compensation, fleeting sense of vindication, etc., it is rare that such an approach produces long-term, lasting improvement in a client’s life situation.  By overlooking or ignoring the more broad context of the client’s life, the same dynamics that may have conspired to bring about his or her legal difficulties are likely to resurface in the future and produce similar recurring difficulties.

To learn more about holistic law practice, contact Holistic Lawyer Michael Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.

By Michael Lubofsky

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Holistic Philosophy Law Practice Mindfulness

The Critical Role of Mindfulness in Successfully Dealing With Legal Problems

Whether dealing with marital difficulties, financial stressors, problems in the workplace, etc., individuals seeking legal assistance are often feeling threatened and insecure.  Often these individuals are grappling with fear that can often trigger habitual, defensive reactions that cloud decision-making when clarity is most needed.

Such defensive reactions are of little surprise when considering the extent to which individuals in contemporary American society to construct identities based on certain life roles such as being a spouse, parent, type of professional, and certain indicia of social status such as income level and material possessions.  When such an identity is threatened by unforeseen life events, the ego will fight to defend its identity, the threat to which may be felt as some sort of impending death.

As long as those facing legal difficulties continue to act out of  anded to protect this ego-based identity, they will tend to approach legal matters in an adversarial fashion aimed largely at demonstrating that “I am right/you are wrong.”

What is critically necessary at this point is an ability to move beyond ego and cultivation of an ability to connect more intimately with present-moment experience.  It is this conscious connection to being that gives rise to a heightened sense of compassion, both for one’s self and others, as well as holding the seeds of creative solutions to best serve the needs of all involved in the long-term.

Traditional law practice, overtly built on an adversarial model, directly feeds the dualistic, ego-based identity and often ignores far better solutions that lie within a more mindful connection to present-moment experience.  By contrast, the integration of mindfulness exercises into law practice holds potential for the identification of optimal solutions that truly serve the needs of clients.

To learn more about holistic legal services that combine mindfulness and law practice, contact Holistic Lawyer Michael Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.

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Holistic Philosophy Law Practice Mindfulness Random Thoughts

Mindfulness, Compassion, and Legal Challenges

Having lived in an area of Oakland, California for nearly ten years that is plagued with homelessness, graffiti, illegal dumping, and other manifestations of urban malaise, my ability to accept situations around me and embrace all others with compassion is challenged on a daily basis. So much of the behavior on the streets surrounding our building falls short of a standard of acceptability according to which I have lived most of my life. These are deeply held notions that continue to trigger judgements of what is “right” and what is “wrong.”

Much of the behavior that fails to square with my template of “acceptable” behavior also happens to be illegal. What is most difficult to accept is that while we have enacted laws to address such behaviors, and law enforcement personnel to enforce these laws, the law enforcement is simply lacking in this part of the city. For this reason, the limits of my ability to accept these situations around me are constantly tested.

Similar challenges confront individuals embroiled in litigation whether involving divorce or some other event or events challenging one’s beliefs as to “right” and “wrong.” What mindfulness does, at its core, is to facilitate the dis-identification from conditioned, egoic notions of “who I am” and embrace a felt connection with all of life. When one is able to become grounded in present-moment experience, there is a felt connection with all others. This is where true compassion arises. It is this true compassion that can heal even the most deeply rooted tensions, even within urban life.

By working with clients towards this end in the context of legal challenges, optimal solutions can be identified that may resolve these problems in a way simply not possible with traditional law practice. For a free consultation to learn more about mindfulness in law practice, call Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.mindfulaw.com.

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Holistic Philosophy Law Practice Mindfulness

Clearing the Way for Optimal Conflict Resolution

The starting point for optimal conflict resolution is the ability to meaningfully connect to present-moment experience. This ability requires a high degree of consciousness able to not get caught in ego-driven thoughts of how things “should be,” ways in which things are “wrong,” and similar judgements.

In the absence of this connection to present-moment experience, our adversarial system presents a minefield for ego-driven reactionary behavior that will soon leave participants unhappy in ways likely to adversely affect their lives in a myriad of areas.

By contrast, heightened consciousness and present-moment connection in the midst of conflict contains the seeds of true transformation, peace and happiness.  In a litigation context, this can happen when, for example, one of two adversaries has developed this heightened consciousness and approaches settlement negotiations no longer caught in his or her learned conditioning or habitual reactions.  He or she is then far more able to be with the other party in an open, compassionate way.  In most cases, the other party will soon pick up on this and will be far more likely to in turn shed his or her defenses and reactionary behavior.  The door begins to open for true collaboration, paving the way for optimal decision-making and sustainable conflict resolution.

To learn more about incorporating mindfulness in law practice, contact Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.mindfulaw.com.

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Holistic Philosophy Law Practice Mindfulness

The Value of Mindfulness in Approaching Legal Problems

Mindfulaw provides a forum for individuals facing challenging legal situations to use these challenges as a springboard to personal transformation and heightened inner peace.  Mindfulaw starts from the premise that the vast majority of legal problems faced by individuals are the direct result of learned conditioning and habitual reactions to thoughts of how life should be, instead of embracing present-moment experience apart from ego-driven thoughts about that experience.  Not only do these conditioned, thought-driven reactions serve to muddle decision making when clarity is needed most, but these same reactions are often responsible for bringing about undesirable life circumstances in the first instance.

Recognizing these dynamics, I work with clients through mindfulness exercises and practice to begin to loosen the grip of  egoistic, thought-driven behavior.  In doing this, my clients become better able to approach their situations with far more clarity and wisdom.  We become able to identify optimal solutions to these challenging situations far more likely to meet the interests of all involved.

This improved clarity and ability to connect to present-moment experience (and dis-identify from conditioned thought and habitual reactions) will not only lead to better legal solutions, but can serve as a foundation for personal happiness long after your legal issues have been resolved.

To learn more about the incorporation of mindfulness in law practice, please give me a call at (415) 508-6263 or visit http://www.mindfulaw.com.

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Holistic Philosophy Law Practice Mindfulness

The Role of Identity in Dealing With Divorce and Custody Litigation

In terms of legal disputes, clients appear to have the greatest psychological difficulty dealing with divorce and custody proceedings. This is of little surprise when one views these situations in the more holistic context of the individual’s adopted self-concept. Divorce and custody proceedings upset a wide range of the most central roles of individuals in our society including those of parent, spouse, and provider. In addition, divorce and custody disputes very often have real negative financial implications for the parties, potentially further eroding one’s fragile ego during this time.

The extent to which clients are able to successfully deal with these situations is largely a function of the extent to which he or she has come to identify with these roles as who he or she is, i.e., as forming the basis of a self-concept. Those who have come to consciously recognize these roles as such, instead of defining factors of who one is, may proceed through these challenges far less shaken as they remain grounded in a sense of being at one with life that extends far beyond him or her as an individual form.

In this way, legal challenges can provide unique opportunities to recognize the extent to which our conditioned reactions have been dictated by ego-identification with these roles and responsibilities as the providers of a “self” that the ego will vigilantly try to maintain during stressful and upsetting times.

To learn more about incorporating mindfulness into law practice in a way that facilitates this process, contact Attorney Michael Lubofsky at (415) 508-6263, or visit http://www.mindfulaw.com.