Tuesday, June 19, 2021

Law as a Healing Profession

Marjorie Silver, a law professor at Touro Law Center in New York, has recently compiled and published a textbook for law students who want to practice law without losing their souls. It is titled:

The Affective Assistance
of Counsel: Practicing Law
as a Healing Profession

and you can read it in full text by going to this link:


Chapter Eight is my contribution, entitled "Collaborative Law: Practicing Without Armor, Practicing With Heart."

This book and the course Marjorie teaches at Touro, called "Lawyering As A Happy, Healthy, Healing and Ethical Profession", are part of a true sea change in the legal profession.

Other manifestations (google them if they sound interesting to you):

*therapeutic jurisprudence (in law schools and courts around the world)
*restorative justice
*comprehensive law
*law as a spiritual practice (courses and retreats popping up everywhere)
*the writings of David Hall, former Dean of Northeastern University Law School
*the journalism of Steven Keeva
*the teaching and writing of Susan Daicoff, Bruce Winick, David Wexler
*unbundling and the work of Woody (Forrest) Mosten
*a summer program at the Harvard Negotiation project called "The New Lawyer:Expanding Conceptions of Law Practice" with David Hoffman, David Hall & Susan Daicoff

This is an exciting time to be a lawyer, folks. Sandra Day O'Connor put it this way: “The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.” Even Warren Burger felt it when he proclaimed, "should lawyers not be healers?" And collaborative lawyers are at the crest of this wave.