From the desk of My Collaborative Team President, Edward S. Sachs, ACP
During the past month or so the question of how far attorneys should go in their responsibility to advocate vs. the Collaborative idea of educating and providing the clients the knowledge they need to make an informed decision.
What I think we have come up with is that there is no definitive answer.
So, I asked Ai what was the difference between advocacy and educating. Here is what it replied:
Advocacy and education serve different purposes:
- Advocacy:
- Advocacy involves actively supporting a cause, idea, or policy with the aim of influencing decision-makers or the public.
- It often includes taking a stance, making arguments, and mobilizing support to create change or promote a specific viewpoint.
- Education:
- Education focuses on providing information, knowledge, and skills to individuals or groups to increase their understanding of a subject or issue.
- It aims to promote learning and informed decision-making, rather than directly pushing a particular agenda.
In summary, advocacy is about actively promoting a specific position or goal, while education is about providing information and fostering understanding. They can complement each other, but their primary purposes are distinct.
I understand that lawyers have an obligation to be advocates on behalf of their clients. But can’t you achieve advocacy by being excellent educators?
I agree with Ed’s last sentence above: “But can’t you achieve advocacy by being excellent educators?”
* When we educate our clients, they become their OWN advocates.
* It seems to me that is more effective and empowering than someone else ‘advocating’ on their behalf.
I joined another lawyer about 3 years after my articles. He did both solicitor work and trial work and appeared in all levels of court in Canada including successfully in the Supreme Court of Canada. He would tell me a client wants you to make the decision as to what the client needs to do. My response was a client needs to know what the client’s alternatives are with information to make an informed decision. I consider this to be neither to advocate or to educate but maybe a hybrid of the two. This I suggest best describes our work in the collaborative law process. I do hope to link up with you for Happy Hour in the future. Bernie Stephaniuk.