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Holistic Philosophy Law Practice Meditation for Lawyers Mindfulness

The Critical Role of Mindfulness in Dealing with Legal Issues

Mindfulness in general, and meditation practice in particular, serves to more firmly ground one in present-moment experience apart from thought-driven notions of how things need to be different than how they are in order to be “happy.”  It is the very thought that things can be any different than they are in reality that is misguided and at the root of much suffering and unhappiness.

Mindfulness in Law PracticeA similarly misguided expectation, however, is that dedicated mindfulness practice can successfully insulate us from any existential pain that appears inherent in the human condition.  Sickness, aging, and death may lie at one end of the spectrum, while more innocuous conditions such as boredom may lie at another end.  These conditions are inevitable; but the thought-driven notions of how these conditions should not exist in the first place are illusory and are what precipitate suffering on top of the inevitable challenges of reality.

Legal issues seem to trigger a range of painful experience. As with most experiences that lead to suffering, fear is often the underlying antecedent of the suffering.  In most cases, however, this fear arises out of a thought-driven layer imposed on a condition existing in reality.  The challenge, both for attorneys and clients embroiled in conflict, is to remain open to and accepting of the actual situation in realty without becoming hooked by conditioned thought and/or judgements about the situation.

The ability to remain grounded in our experience without becoming hooked by our intellectual processing of that experience lies at the heart of mindfulness practice, and is critical for clients and attorneys trying to successfully navigate challenging life situations.

In the throes of legal issues or conflict, the cultivation of this ability, or lack thereof, will largely determine one’s ability to identify optimal solutions to often complicated issues.  To the extent that one has become hijacked by his or her thoughts in response to a given scenario, behaviors and decisions are likely to become oriented towards allaying some subconscious fear, usually related to one’s ego.  Because of the largely illusory roots of such fears, decisions and behaviors based on motivations springing from these roots will prove largely unsatisfactory, and produce less than optimal solutions for all directly or indirectly impacted by the way in which the conflict is ultimately resolved.

Thus, the ability to identify and implement optimal behaviors in response to everyday life situations in general, and legal issues or conflict in particular, is critical for happiness and demands a high degree of consciousness cultivated through sustained mindfulness practice.

More often than not, when a client comes to an attorney for advice or representation, he or she is at least partially ensnared by underlying conditioning and disconnected from present-moment reality (i.e., the reality is that he or she is caught in learned conditioning or fear, which are real, but usually not based in present-moment reality).  The goal of holistic law practice is to first help the client identify this conditioning so that he or she can then consciously disidentify from that conditioning and more meaningfully connect with what is really going on.  In so doing, the client becomes far more able to let go of unwarranted fear and become, in general, less reactive to the situation.  In becoming less reactive, he or she begins to open to a far more broad range of approaches to potentially resolve the conflict.

To learn more about the benefits of holistic law practice as a client, contact Holistic Lawyer Mike Lubofsky at (415) 508-6263, or visit http://www.Holistic-Lawyer.com.  If you are an attorney interested in how to integrate mindfulness in law practice, visit http://www.mindfulaw.com.

 

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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.