Law Times

PAGE 12 Lawyer advocates for neuroscience in family law FOCUS BY MICHAEL McKIERNAN Law Times A with their clients, according to a crash course in neuro- science can dramati- cally improve family lawyers' relationships Toronto practitioner. Nathalie Boutet, a media- tion and collaborative partner at Basman Smith LLP and founder of the Neuro Family Law Institute, says lawyers have been slow to capitalize on the ever-developing area of brain research. job to know about the workings of the client and their brain," says Boutet. "They think it' "Lawyers don't think it's their know about the law, but it's impos- s their job to sible to separate the law from the people who are in the legal system. TRACKING DOWN ANSWERS TO YOUR TAX QUESTIONS HAS NEVER BEEN EASIER NEW EDITION THE LAWYER'S GUIDE TO INCOME TAX AND GST/HST 2012 DAVID M. SHERMAN, B.A., LL.B, LL.M. Author David M. 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Sherman, one of Canada's most prolific and respected tax authors COMPREHENSIVE CONTENT AND TIME-SAVING FEATURES • Appendices and Tables Detailed tax tables providing current tax rate information, reference to other key sources, a Table of Cases, and a Table of Statutory References • Detailed Topical Index A time-saving feature that provides quick access to essential information Lawyers are a little bit reticent to get in when there are strong emo- tions, and I'm not asking that we become therapists. I'm asking that we become aware of what is going on for our clients so we can inter- vene gently and powerfully. Law Conference in Toronto, Boutet and professional coach Linda Page told a room full of lawyers it' At the recent Neuro Family " difficult the family law process can be for clients. "For them, it' s hard to appreciate how burning house with no escape," s like being in a said Boutet. "They are trapped in our system. The way their brains work has serious implica- tions for them, their kids, and their families. We are not taught that in law school. shorthand for interactions with people and places based on stored memories of previous encounters that she calls brain patterns. For evolutionary reasons, neg- Boutet said brains build up a " reason diminishes when we are triggered, ability to think and said, of the effect the heightened emotions involved when clients split from partners can have on their thinking. "Our of how many times your clients are triggered, and you're asking them to make complex decisions. Should you guys have spousal support with tax or without tax? Should you sign an interim agree- ment? Should you choose a col- laborative lawyer? It' " she noted. "Just think family lawyers should encourage clients to take notes during meet- ings and have them repeat back the subjects discussed in order to make sure they absorb the infor- mation and understand the con- sequences of any decision. "You know your client is not As a result, according to Boutet, s endless." going to retain a thing you say at your first meting, so you might send them a confirming letter, • Sidenote Sources Information sources are referenced in side notes, listing statutory references, government publications and case law • Ease of access Separate chapters on Employment Law, Family Law, Intellectual Property and Immigration, Litigation, Real Estate, Small Business, Wills and Estates, make it easy to find information relating to your issue ative interactions are more likely to get stored so people are ready to respond when they sense danger. After years of negative interac- tions with a former partner, that means even apparently minor complaints can trigger emotions, according to Boutet. "How many of you have had a client who says, 'Did you see the way he looked at me?' That' AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 for them. We can't say there was no look or don't worry about it. It' their experience, and we can't triv- ialize what triggers them. It means nothing to us because we don't have the brain patterns associated with that look." Lawyers should be aware, she s real s said Boutet. The process can also leave many clients on a short " Boutet recalled one of hers, a for- mer government employee who was the epitome of calm and respect in meetings with her. But during a spousal support nego- tiation, the man exploded in rage after his wife wrote down her opening offer. "He lifted himself up on the chair and onto the table, went red in the face, and said, 'This is ridic- ulous. I'm leaving, pants through the SCARF model that divides most human social experiences into five broad cate- gories: status, certainty, autonomy, relatedness, and fairness. Threats to any one will elicit Page, meanwhile, led partici- '" said Boutet. fuse. June 18, 2012 • Law Times an automatic emotional response, Page said, but understanding which of the five categories is most important to the client can help a lawyer prepare. In the case of Boutet' perceived unfairness of his wife's s government worker, the offer triggered him. A way to tackle the problem said Page. "There' " in advance is desensitization or "trying something over and over, do with our clients ahead of time to say, 'How are you going to feel when this option is presented?'" said Boutet. Another technique involves reframing the situation. "If you see a picture of people coming out of a church crying, the first reaction is they're in grief, said Page. "If you reframe it and say the context is at a wedding, it changes things. Reframing can help calm the limbic system." Simply encouraging clients to think about what's likely to trig- " s a lot of work we can ger them can actually help limit the emotional response, accord- ing to Page. "If you catch yourself get- ting angry, then wait a min- ute and take a breath," she said. "It gives you the ability to switch from intuition to where we do our reasoning, " she added. Childview_LT_June18_12.indd 1 www.lawtimesnews.com 12-06-12 11:09 AM LT

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