Abstract

http://ssrn.com/abstract=2324203
 


 



Memorializing the Meal: An Analogical Exercise for Transactional Drafting


William E. Foster


University of Arkansas - School of Law

Emily Grant


Washburn University School of Law

September 11, 2013

University of Hawaii Law Review, Vol. 36, No. 1, 2014, Forthcoming

Abstract:     
The legal academy is increasingly focused on producing practice-ready lawyers. For transactional practice, that notion requires that attorneys have the flexibility, creativity, and business acumen to draft documents that anticipate contingencies and accomplish clients’ goals. Effective lawyers are able to structure their clients’ affairs to provide a balance of flexibility for, and protection against, the predictably unexpected.

To further this goal, this Article incorporates pedagogical theory to introduce a classroom exercise that focuses on creativity and contingency planning in the transactional drafting context. It does so by introducing that process in a nonlegal context, specifically by having students plan a dinner party and memorialize the arrangements in a valid contract. By developing accessible classroom exercises that incorporate everyday contingencies, law professors can hone students’ abilities to anticipate and adapt to factual and legal contingencies, and accordingly, to be effective planners and drafters as they transition to practice. Thus, this Article augments the tools employed by law schools for developing this deeper concept of a practice-ready lawyer.

Number of Pages in PDF File: 50

Keywords: transactional drafting, legal education, contract, practice-ready, business law, skills

JEL Classification: K12, I21

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Date posted: September 15, 2013  

Suggested Citation

Foster, William E. and Grant, Emily, Memorializing the Meal: An Analogical Exercise for Transactional Drafting (September 11, 2013). University of Hawaii Law Review, Vol. 36, No. 1, 2014, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2324203

Contact Information

William E. Foster (Contact Author)
University of Arkansas - School of Law ( email )
260 Waterman Hall
Fayetteville, AR 72701
United States
Emily Grant
Washburn University School of Law ( email )
1700 College Avenue
Topeka, KS 66621
United States
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