Document Type

Article

Publication Date

Winter 2017

Abstract

Today’s transactional lawyers perform myriad tasks for their clients, including structuring, drafting, conceptualizing, negotiating, and executing the complex, risky, and often cutting-edge transactions their clients bring to the table. On the other side of that table, often sits another team of sophisticated transactional lawyers. These opposing counsel are armed for battle over every nuance, every word, every representation, every deliverable, and every obligation their client is poised to undertake or agree to. Therefore, modern transactional lawyers must behave as advocates and explore new modes of persuasion. As a response, scholars have begun to propose that transactional lawyers employ methods of narrative, or storytelling. Narrative is a time-tested tool employed by litigators. Yet, narrative theory can be applied to the various skills performed by transactional lawyers, and can enhance outcomes from both ethical and normative perspectives.

Publication Citation

91 St. John's L. Rev. 845 (2017)

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