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This book has been revised substantially for 2021 and beyond. Each chapter in the book has been updated and this second edition includes a new chapter on employment issues. The book continues to be dedicated to the work of a full array of transactional clinics and serves as the basic introductory reading material for the seminar component of a law school transactional clinical course. The book includes chapters addressing: Skill issues as they relate specifically to transactional practice, including interviewing, counseling, negotiation and drafting; Ethical and professional role issues arising in that type of work; Issues specific to remote and virtual interactions with clients and others; Community group representation and economic development; and Substantive law topics that students typically encounter in transactional clinics. The book also has relevance to simulation-based courses focusing on transactional practice.
Co-published by West Academic Publishing and the ABA, this coursebook, designed to be used in law schools and large law firms with associate training programs, focuses on documenting agreements in a variety of topical legal areas such as real estate, merger and acquisitions, finance and securities. Intended to be taught to students or new associates by utilizing problems to teach them acquisition of transactional lawyering skills, an extensive corresponding Teacher's Manual that includes a detailed response to each problem and guidance on teaching each of the simulations is available. Through carefully designed problems and exercises, the first part of the book helps students understand and strategically use the different types of contract terms, translate deal terms to precise contract language, use forms appropriately, and spot and resolve ambiguity. Students also practice deal design, due diligence, and negotiating contract language. The second part of the book consists of four simulated commercial transactions, each of which consists of several parts. In each simulation, students further develop their transactional lawyering skills by structuring, negotiating, and documenting a deal on behalf of a one of the parties to the transaction.
This up-to-date book includes recent research and scholarship in all four skills: interviewing, counseling, negotiation, and fact analysis. Drawing on years of teaching experience, The author show students how to organize, analyze, and marshal facts into powerfully persuasive arguments. This Highly-Effective Text Offers: a unique emphasis on fact analysis that shows students how to recognize, organize, and utilize the persuasive value of facts, with new charts, illustrating factual patterns and organization expert instruction in essential legal skills from a highly experienced author team, covering the basics of problem solving, interviewing, counseling, and negotiating a streamlined, example-driven presentation minimizing theoretical digressions, and instead, drawing students into real case situations and problem-solving scenarios consistent attention to ethical concerns, alerting students to issues of moral and professional conduct wherever appropriate This New Edition Also Features: three new chapters: Communication Skills, Cross-Cultural Issues, and Fact Investigation focus on professionalism that includes working with clients, problem-solving with adversaries, and reflecting on core issues and more examples from criminal law, The area of the law most familiar to first-year students thorough coverage of the skills involved in both adversarial and problem-solving negotiation
The highly respected author of Transactional Lawyering Skills has written and co-written some of the top-selling books in the field. Designed to supplement Contract Drafting and Transactional Skills courses, his concise, straightforward explanation of professionalism covers working with transaction clients; problem-solving and problem-prevention; and transactional interviewing, counseling, and negotiation. Professional responsibility issues are fully integrated throughout the material. Going beyond simple theory, the text provides a succinct explanation of the lawyer-client relationship as well as the mechanics of transactional lawyering. Transactional Lawyering Skills can be used to help add a third credit to a 2-credit contract drafting course. Features concise, straightforward explanations of professionalism working with transaction clients problem-solving and problem-prevention transactional interviewing, counseling, and negotiation highly respected author has written/co-written top-selling books in the field integrated coverage of professional responsibility issues clear and succinct discussion of lawyer-client relationship covers the mechanics of transactional lawyering goes beyond simple theory can be used to help add a third credit to a 2-credit contract drafting course
Softbound - New, softbound print book.
Softbound - New, softbound print book.
The Third Edition of this pathbreaking text expands the principles of client-centered lawyering into areas not explored in previous editions. It newly covers: transactions involving non-profit organizations (Chapter 9); counseling of corporations and loosely structured community action groups (Chapter 21); and the interviewing and counseling of defendants charged with criminal offenses (Chapters 10 and 22).
The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.