Practical Lawyering Skills
130: Transactional Skills Seminar
Negotiating Everything – A Transaction Skills Seminar.
The course will examine the lawyer’s role in business transactions by looking at examples of two decidedly different transactions – the negotiation of commercial real estate leases and the structure of the purchase, ownership, and operation of a corporate aircraft. The practical skills and knowledge acquired by examining these examples can be applied to virtually all commercial transactions. The class will consider the art of negotiating those transactions – and will focus on the role of the lawyer in those negotiations. We will consider a variety of negotiating strategies and how to deal effectively with opposing counsel who may, or may not, share your particular strategy. In addition, the class will examine a corporate aircraft transaction – with a myriad of parties and opposing interests and regulations - with the goal of appreciating the juggling and balancing necessary to achieve the best result possible. Along the way we will look at how there is not ONE way to do things, rather there are many ways and many strategies. The rules and processes taught in law school are there to provide guidance; they are not hard and fast rules about the way that a transaction must be done. That's one of the benefits of being a transactional lawyer - the rules are set by the parties as they negotiate.
Students will be evaluated on the basis of classroom participation and attendance, a paper, and, in lieu of final exam, a one-on-one negotiation session with the instructor. Regular attendance is expected; if a student cannot attend class, please notify the instructor.