In a message dated 6/4/2006 2:43:59 A.M. Central Standard Time,
lostyukoner@xxxxxxxx writes:
I struggle with the notion that one must practice in the adversarial
litigation model to be able speak authoritatively of its potential for
devastation
of intimate relationships and resources, in the broadest sense of the word.
In our practice group, we struggled with the practice requirement, and, I am
sorry to say, I lost. I believed, and believe more and more, that what is
essential is understanding of the downside of the litigation-based model.
Unfortunately, we see its results so often in our friends, our own families,
and
the people with whom we have come into contact that were unfortunate enough to
use or be a product of it. It should be really easy to understand what the
Court system will do to your clients if you encourage it.
I believe that forcing a person who is collaborative by nature to practice
the litigation model for a period of time is like trying to force a person who
is a conscientious objector to practice war for awhile. Not necessarily a
good thing, and apt to produce counter-productive values which must then be
unlearned, if one is fortunate enough to survive.
I have been waiting patiently for the law schools to produce people who have
studied Collaborative Law there, and who thirst for the ability and
opportunity to begin immediately to make peace. It would be a shame if such
people
were unable to go right to work at their life's work, and even worse if they
were required to make war for a period of time first.
Let's disband the practice requirement, and ask for a commitment
requirement, instead.
-Jim
Jim Guy, Lawyer
The Century 21 Building in Old Town
216 North Mosley
Wichita, Kansas 67202-0806
(316) 838-0805, FAX 838-7873
e-mail: JimGuyLaw@xxxxxxx
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