Lawyering Outside the Box: Confronting the Creativity Crisis

Abstract

The Great Recession was not only a defining moment in world history and for the United States economy; it was also a turning point for the legal profession. The economic downturn resulted in a long-term structural adjustment in the legal services market that will adversely impact the legal profession permanently. Accordingly, lawyers need to be creative in adapting to the changing realities of law practice.

Yet, despite the need for creative approaches to address the changing legal landscape, a disturbing phenomenon was recently identified; creativity in the United States is declining. Moreover, legal education and the legal practice impose barriers to the development of creative potential. This article argues that in light of the changes to the legal profession caused by the economic downturn, the legal practice — legal educators and practitioners alike — should strive to foster creativity so that lawyers can generate the novel, concrete solutions to the pressing issues facing the legal practice today.