As I was casually looking through Facebook this morning, a friend posted an article from the New York Times called “Abandoning the Work I Hated”. This is an opinion piece about a lawyer who gave up law and became a party clown. He left law because he realized that he thrived in a sphere of creativity and spontaneity and law was not providing him with that.
Confession: years before law school I was a theatre major and took a course on clowning. Yes, I was once a clown… it was awesome. Anyway, I find law school constantly draws on my creative side, albeit in a very different way than being a clown. But as I was reading the article I starting thinking about whether there were larger issues for this person beyond creativity. Did he experience issues with the profession because of its reluctance to change?
In Mitch Kowalski’s book, “Avoiding Extinction” the character Mark joins a new law firm as a “last chance” to see if law is the right career for him. At his last firm he felt, that there was, “no connection between what he did and what was important to the firm”.
As I was reading the New York Times piece I thought whether Mark’s issue was similar to the party clown’s. What was it that made him leave the profession? The article states that it was the creativity and spontaneity that he lacked in his legal career.
As a naïve student I don’t believe that law lacks creativity and spontaneity. But I believe that the path big law is on lacks these elements. From the readings and discussions in class it is clear that law firms can no longer act as per the status quo. Change is inevitable. The culture of law needs to change to match our society’s needs, whether that is examining the billable hour, commoditizing work or multi-sourcing, as Susskind suggests. There is room for creativity its whether law is ready for it.
I think the lawhacks assignment is going to be an excellent display of how legal minds can switch on their creative side and develop ideas that could help to progress the profession. There are issues for the trajectory of law, however, that said as we enter the work force we have to show our ability to be creative in our problem solving, use of technology, and client management.
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As someone who was heavily involved in performing arts and is now a law student about to enter the legal profession, I really enjoyed reading your blog post.
Having been trained in singing, piano, and speech arts for a number of years, I appreciate the skills that I developed and am able to apply to numerous aspects of my life. With respect to transferring these skills to law school and eventually the legal profession, I’ve found that being involved in the arts has provided me with public speaking skills, confidence, discipline, the ability to look at legal problems and think of creative solutions…the list goes on and on. Thus, like you, I find that I draw on my creative side in law school and I don’t feel the law lacks or constrains creativity.
I also agree that change is needed with respect to the legal profession, which is clearly illustrated by our legal system’s access to justice issue. Like you, I see creativity playing a major role in this change; old methods that are no longer working will have to be abandoned for new methods. Change is coming, whether or not the law is ready for it and I believe an element of creativity will be required.
On a final note, I’m excited to be entering the legal profession at a time when change is needed because as a new lawyer I can play a role in solving some of the profession’s problems and I see this as an opportunity to draw on my creativity.
Olivia,
Excellent post. The lack of creativity and innovation in our current legal paradigm seems to be one of the leading criticisms that has been raised in L21C so far.
Perhaps sharing your naivety, I too believe that there is a place for creativity and spontaneity in law – both in the development of the legal landscape and within everyday practice. Precedent is the foundation on which our legal structure operates, but creative argument is often what pushes our jurisprudence forward.
In addition, I’ve seen (in my limited exposure to the Canadian legal realm) that the practice of law is often messy. Not all problems will have been solved before, and clients expect answers. In such scenarios, a lawyer that lacks the ability to creatively problem solve does their client a disservice.
That being said, I agree with the general opinion that the current legal structure is outdated and stale. I too look forward to the solutions that will be on display with the lawhacks assignment.
Love this post. Creativity is what separates us from the robots! The cartoon is really funny, too.
Awesome post Olivia!
I agree that there is ample opportunity to use your creative side in the legal field. While it might not be the mainstream creativity that comes to mind, like paint on a canvas, we are often in situations where we have the opportunity to use our left-brain to find solutions to problems and identify issues.
However, the one thing that I believe might stifle creativity is the rigid tradition that controls much of the legal profession. From dress code to the formality of how to address particular individuals to language used in contracts, there is still a strong traditional structure that doesn’t allow for creativity. That being said I like your comment about there being room for creativity, but the legal profession not being ready for it. I agree with this completely. And I think with time we will continue see archaic practices falling away for more modern creative practices that better suit society’s needs.
I was attracted to the study of law and ultimately the legal profession because it allows me to exercise creativity. Unlike most professions lawyers are given templates – case law, statutes – but these are merely templates. Lawyers exercise their creativity in their interpretation of case law and statutes in ways to meet the best interests of their clients.
While I have not yet had any “official” legal experience this brings me back to our moot in 1L. The topic of our moot concerned whether or not the common law police power, search incident to arrest, extended to the search of cellphones. I was a Respondent and argued that the search was valid. What amazed me was that I used some of the same case law as the Appellants to substantiate my arguments. I think that, that is one aspect of the law that makes it creative – the ability to read, analyze and pick apart case judgments to the benefit of your client. I like to think of it as putting together a jigsaw puzzle.
Unlike Robert Markowitz, the retired lawyer who wrote “Abandoning the Work I Hated,” I believe that the law has room for creativity – it’s just about finding it.
I completely agree, law does involve creativity, and I really like the example of the way advocates can use the same cases to back up opposed arguments. I think of law as being creative within constraints. The more expert we are in understanding the constraints, the more effective we can become at thinking up creative ways to operate within them. That’s why it is essential to gain expertise in the technical rules, and at the same time good lawyers are always more than just technicians.
Great post Olivia.
I remember being surprised in first year to learn that there were so few creative arts majors in our class, as law had always seemed to me to be something that would attract creative individuals.
It’s clear that creativity in legal practice will be important for us, even more so than it was for the generation that proceeded us. While I still think this is true I’m wondering if there isn’t room for lawyers feeling stifled creatively to engage this side of themselves outside their traditional practice. Volunteering at legal clinics, going to bar association events, participating in office-wide fundraisers and events are all ways that lawyers can be creative. I wonder if people who expect that all of their curiosity and creative urges will be met through traditional “work” are destined to be disappointed, while others who spread this desire out through various avenues will end up happier.