Advocacy Beyond Adversarialism

Developing Attorney Competence in Collaborative Law Practice What does it mean to advocate for a client when the goal is not to defeat the other side? Collaborative practice asks lawyers to rethink some of the assumptions that traditionally shape legal advocacy. Rather than treating a client's stated position as the starting and ending point of representation, collaborative lawyers can use Nonviolent Communication (NVC) principles—including observation, needs, empathy, and requests—to understand what matters most to the client and to help clients make informed decisions based on their own priorities. A lawyer who undertakes Collaborative Law has a responsibility to develop competence not only in substantive law but in the skills necessary to represent their client competently within the collaborative container. This program builds attorney competence, exploring how NVC can strengthen the lawyer's role as advocate, counselor, and advisor in collaborative cases. Participants will examine the shift from positions to underlying needs; learn practical de-escalation and deep-listening strategies; consider how and when lawyers provide legal advice in collaborative cases; and practice a more client-centered approach to legal consultations.