Must We Bankrupt the Spirit Also: The Benefits of Incorporating Therapeutic Jurisprudence into Law School Bankruptcy Assistance Programs

Authors

Michael L. Stines

First Page

855

Document Type

Article

Abstract

This paper will examine the psychological effects associated with filing for consumer bankruptcy and techniques that can be learned by law students and young lawyers to help soften the blow for those who will inevitably experience those effects. First, the progression of bankruptcy will be discussed, tracking changes from its origins to modem times and the effect those changes may have had on those attempting to take advantage of the system's benefits. Second, the actual process of filing for bankruptcy will be examined, pointing out the aspects that cause damage to an individual's mental health. Third, this paper will analyze the labeling issue presented when society becomes aware of the fiscal troubles of individuals, focusing on the changes that occur to both the way society perceives these individuals and the way the individuals view themselves. Finally, the crux of the article will explore the importance of lawyers' ability to deal with their bankruptcy clients in a therapeutically beneficial way and how law school bankruptcy assistance programs or clinics can be used to implant the requisite mentality into the lawyers of tomorrow in order that they develop a more compassionate approach to the way they conduct the counseling aspect of their practices.

Recommended Citation

Michael L. Stines, Must We Bankrupt the Spirit Also: The Benefits of Incorporating Therapeutic Jurisprudence into Law School Bankruptcy Assistance Programs, 17 St. Thomas L. Rev. 855 (2005).
Available at: https://scholarship.stu.edu/stlr/vol17/iss3/18