Transactional Lawyering: An Experiential Approach to Communication and Problem-Solving
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This new text is designed to simulate the experience of a first-year associate in transactional law practice. Through a series of realistic exercises and assignments based on actual transactions, the student is introduced to typical transactions, the demands of law practice, and typical forms of communication in which he or she will be expected to engage.
The book is designed to provide law students interested in transactional practice with a practical paradigm for developing their transactional lawyering skills through simulation and practice exercises. This book is unique in its holistic approach: from the first chapter, the student is immersed into the role of a first-year associate, exposed to realistic matters in the form and substance a junior associate will likely encounter in practice.
Part I focuses on fundamental skills applicable to any context. Part II addresses the nuances of communication in context: communicating with a partner or senior associate; communicating with the client; and communicating with other lawyers. Part III provides an overview of key transactional practice areas.
Each chapter begins with Chapter Objectives. In-chapter pedagogy includes Simulation Exercises and Practice Notes. Boxed features highlight key information, for instance Key Techniques for Effective Office Memos.
This text goes beyond the technical aspects of legal writing or contract drafting in the abstract, exposing the student to writing, thinking, and problem-solving in the context of transactional lawyering. It also goes beyond simply creating assignments and exercises that focus on transactional—as opposed to litigious—issues; rather, it seeks to train students to think like a transactional lawyer and to approach any given legal issue or assignment as a transactional lawyer, whether it is drafting a contract, sending an email to a client, or negotiating a deal point with lawyers from the other side. The text is suitable for use as a primary text in courses on Transactional Lawyering, in a clinical setting, or in an Advanced Legal Writing class.