Memorializing the Meal: An Analogical Exercise for Transactional Drafting

51 Pages Posted: 15 Sep 2013 Last revised: 13 Jun 2014

See all articles by William E. Foster

William E. Foster

University of Arkansas - School of Law

Emily Grant

Washburn University School of Law

Date Written: September 11, 2013

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.

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

JEL Classification: K12, I21

Suggested Citation

Foster, William E. and Grant, Emily, Memorializing the Meal: An Analogical Exercise for Transactional Drafting (September 11, 2013). 36 University of Hawaii Law Review 403 (2014); University of Arkansas Research Paper No. 14-05. Available at SSRN: https://ssrn.com/abstract=2324203

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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