Explaining the Value of Transactional Lawyering

58 Pages Posted: 25 Feb 2007  

Steven L. Schwarcz

Duke University School of Law

Abstract

This article attempts to explain empirically the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows that transactional lawyers add value primarily by reducing regulatory costs, thereby challenging the reigning models of transactional lawyers as "transaction cost engineers" and "reputational intermediaries." This new model not only helps inform contract theory but also reveals a profoundly different vision than those of existing models for the future of legal education and the profession.

Suggested Citation

Schwarcz, Steven L., Explaining the Value of Transactional Lawyering. Stanford Journal of Law, Business, and Finance, Vol. 12, Spring 2007; Duke Law School Legal Studies Paper No. 108. Available at SSRN: https://ssrn.com/abstract=964699

Steven L. Schwarcz (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7060 (Phone)
919-613-7231 (Fax)

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