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Course Information

Negotiating Transactions Short Course

This course is designed as an introduction to negotiation for transactional attorneys. A good transactional attorney spends a significant amount of time negotiating.  This course will include a brief introduction to theories of negotiation.   It will also explore different styles of negotiations and how an attorney finds his/her own style or voice. The course will then look at the role of an attorney in negotiations, which will vary depending on the client and the matter.  Since a negotiation is not about an attorney winning individual “battles” against opposing counsel, but rather about the attorney helping a client attain its goals, the course will examine how to think about individual “battles” strategically in the context of achieving the client’s ultimate goals. The course will then look at the different ways that an attorney carries on negotiations, including direct negotiations, drafting documents and setting tones and expectations through collateral communications. Finally, the course will delve into ethical issues that arise during negotiations. This will be accomplished by at least one case study/mock negotiation, a couple of shorter in-class exercises, readings and extensive interactive class discussion revolving around actual situations of the type that transactional attorneys are likely to find themselves amidst. Limited Enrollment Pass/Fail [1] Enrollment limited.