The prohibition of the commercialization of law and the use of family constellations in the lawyer's scope

Abstract

This article aimed to analyze whether the use of Family Constellation in law firms and the linking of this practice to the lawyer characterizes the ethical prohibition of the commercialization of the profession. Firstly, we discussed the new procedural order of legal professionals and the stimulus for the use of new methods of solution, aiming at the adequate treatment of conflicts. In the sequence, the Family Constellation and its theoretical bases developed by the German Bert Hellinger, who initiated the Systemic Law, term of the magistrate Sami Storch, and the Systemic Advocacy were presented. Then, the importance of thinking about the ethics of the lawyer was discussed, especially in the face of the simultaneous practice of different activities in conjunction with the role of the lawyer who must essentially preserve his discretion. It was investigated after the prohibition set out in the Code of Ethics, on the prohibition of disclosure of advocacy services in conjunction with other activity, delving into the concept of activity. Soon after, it was questioned whether Family Constellation would be an activity or specialty. Finally, the use of the practice in law firms and the possible prerogatives of the systemic lawyer were delimited. The conclusion pointed to the possibility of the practice of Family Constellation in law firms, as this is not the main activity of the systemic lawyer, as well as in the cases of the lawyer-mediator, where the practice is not confused with that of the lawyer, but it is not strange to her. In addition, it was concluded that the disclosure of the practice with the lawyer should be moderate, since the purpose of using Constellation in law is not to raise profit, but to help the client to broaden his view of the conflict.