Often the capacities or the main skills that a lawyer or jurist must have in the legal field have been numbered, such as public speaking, time management, negotiation, good writing… However, one of the most important skills Creativity is undoubtedly becoming more and more necessary to offer effective advice or defense.
It is a capacity that has not traditionally been promoted in the legal field since creativity has usually been identified with
artistic environments, where it has been possible to develop with full freedom as an expression of creation or innovation.
However, whether from a legal department in a business environment giving legal support to the internal client, or from a professional or consulting firm, creativity acquires a greater role in the field of legal advice from the moment the client requires solutions innovative solutions that solve the difficulties encountered in practice due to their commercial activity.
Difficulties for which, in general, solutions are not usually found in the content of the text of the reference standards, nor do we find analogous situations in jurisprudence. Therefore, you have to resort to your "inventive capacity" to find an alternative solution, which of course is within the applicable legal framework, without resulting in fraud of the law and effectively solving the claims of your client.
That is why, in view of the existence of these difficulties, I have taken the liberty of calling this newest discipline of Law as "creative right", in which we could frame the development of creative capacities from the legal point of view that, could shed light on the problems that we usually encounter when trying to fit the rigidity of the law with the varied casuistry of daily practice that we face.
This discipline should be within the compulsory subjects taught in the classrooms of law schools and specialized studies should also be offered in business schools since it is a skill that the market is increasingly demanding..
In the absence of a training offer in terms of said specialization in creative skills in the legal field, it represents an added value for the professional in the field who, either by experience or innately, has this capacity, since it is not enough to know and apply the rules, business and / or administrative practices, but you must also have the skill of "making bobbins" with all of them according to the needs to be agreed.
This talent, not being in the field of legal advice, leads me to the conclusion that we probably need to go to the schools of fine arts to find collaborating professionals who can face this problem that we face, given that to a large extent Jurists are lacking the tools to solve them as a consequence of the lack of creative abilities or innovative skills in our rigid legal environment.
