Legal Methods as a Creative Process

LEGAL METHODS

LEGAL METHODS AS A CREATIVE PROCESS

Legal methods describe the methodology and techniques for working with law. It is an introduction to legal analysis, statutory interpretation, legal research resources and how to use them, legal writing of memos of law, opinion letter, persuasive legal argument in a motion brief.  Legal Methods is also the introduction of the skills or oral advocacy, drafting court pleadings, exam writing, teamwork, applying professional ethics, and developing a professional identity in the context of practicing law. Legal methods works hand in hand with creativity. Creativity is inventiveness: it is the use of original ideas to create something new. The creative process is made up of six phases’ inspiration, clarification, distillation, perspiration, evaluation and incubation. Legal methods are a creative process as it is seen in every aspect of teaching, thinking, studying and practicing law. Creativity is present in legal problem solving, legal writing and decision making.

Problem solving is seen as a creative process as it is an essential aspect of legal methods. It constitutes the ability to solve problems, communicate solutions and provision of sound, legal reasoning. This argument must be able to convince the judge whether the solution is legally sound in terms of the usage proofs and evidence. In order for this persuasion to be successful the use of the rule of law such as statutes and legislations is insufficient and therefore lawyers must create their original ideas to problem solve and to provide a ‘good’ argument refer to Bourne v Norwich Crematorium Ltd [1967]. This shows the legal argument and process of problem solving is clearly a creative process.

Legal writing refers to the specialised writing used by lawyers, judges and other law officials in the expression of memos of law, letters, analysis, legal rights and duties. It is useful in the communication of resolution of legal documents and matters. The...