The Clash of Mindfulness and Law

Inherent in contemporary American jurisprudence is the notion of ultimate judgment. By its nature, our adversarial system ultimately adjudges one party “right,” and the other party “wrong,” or some variation on that theme. In contrast, mindfulness emphasizes the importance of letting go of the judging and comparing mind in favor of a non-dualistic connection to all of life.

The dualistic nature of our traditional adversarial system can deeply, and unconsciously, effect individual litigants as well as participating attorneys who, almost by ethical mandate, are obligated to embrace the polarized stance of their clients and vigorously advance that position within broad ethical parameters. In this light, it is little wonder that most attorneys harbor a deep dissatisfaction with their professional lives. Even “victorious” litigants are often left feeling hollow and unsatisfied in the wake of an adversarial battle.

The integration of mindfulness in law practice helps participants begin to let go of these entrenched dualistic notions. In coming to further embrace the interconnectedness of all living things, a deeper wisdom surfaces, together with invigorated compassion. Creative solutions can then begin to surface unbound from dualistic notions that “things should be this or that way,” that “I am right and he is wrong,” etc.

Solutions emanating from this more connected and open space are far more likely to produce optimal results for all involved parties. Such solutions may even leave the parties more fulfilled, happy, and peaceful than they were prior to the manifestation of their legal issues. Attorneys can discover a renewed sense of purpose and motivation for their professional work.

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