International and Domestic Business Lawyering

3 units

Enrollment limit: 24.This course will focus on the role of the lawyer in the earliest stages of client relationships, disputes, and deal negotiations in both domestic and international business settings. The course is intended to develop listening, writing, and negotiating skills in rising attorneys in the context of business, including exchanges with clients, opposing parties and counsel. As the course progresses, dynamics typical to real-world practice will be introduced. Early-stage communications (like emails and letters) are crucial but often overlooked tools of factual development for the lawyer. Well-crafted early-stage communications can help the lawyer build the proper foundation for favorable resolution and bargaining advantages. In turn, communications that are not carefully drafted or drafted without strategic thought and process can often restrict or undermine positive outcomes. Since many, if not most, real-world disputes and transactional advantages are typically resolved at these early stages, how well the lawyer can perform in these early-stage communications and negotiations will often determine the ultimate quality and value of the resolution for the client. A major portion of the semester will involve the negotiation of a major domestic or international transaction from inception to at least letter of intent. This course will provide students with both conceptual frameworks and practice experiences that will enhance their understanding and ability to participate successfully in early business lawyering in a combination of six core skills: 1) theoretical understanding and structural framework; 2) interpersonal skills and awareness, including listening and other soft skills and "lawyering as a team" skills; 3) planning and strategy; 4) preliminary exchanges and correspondence; 5) discussion and negotiation; and 6) reflection, evaluation and adjustment. Grades will be based on a combination of written assignments, class participation, performance in class simulations, and group projects.