Creativity is making something of real value that did not exist before. The law requires creativity when attorneys practice at the highest levels. Cookie-cutter thinking won’t solve the non-cookie-cutter problem from the non-cookie-cutter client. Yet, the demands of modern practice can snuff out that spark; the process of creation involves a lot of stuff that does not fit on a time sheet.
Consider Justice Louis Brandeis, surely one of the most creative lawyers who ever lived. Among the creations for which he is known is the Brandeis Brief, which cited a variety of nonlegal sources to argue for the constitutionality of an Oregon statute limiting women’s working hours.
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