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Mark Popielarski – Spring 2013
Introduction What Is Transactional Law? Transactional Practice v. Litigation Locating & Using Transactional Practice Ma...
What is Transactional Law? Work performed by lawyers can be divided into two broad categories:    Litigation    Transac...
What Is Transactional Law? (cont.) Transactional Law    Transactional practice is prospective    Focused on drafting do...
Types of Transactional Material Numerous drafting aids available for practitioners (Practice Materials) Can be general, ...
Where to Locate TransactionalResources? Form Books (typically loose-leaf binders) Major Legal Research Platforms    Wes...
Where to Locate TransactionalResources? (cont.) Drafting-specific platforms   Practical Law Company (PLC)       Free re...
Considerations When Drafting Ensure resource is up-to-date    Reflects current law Modify template to be responsive to ...
Conclusion Transactional Law involves prospective drafting of agreements Transactional resources can be subject and juri...
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Certification workshop transactional law research

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Certification workshop transactional law research

  1. 1. Mark Popielarski – Spring 2013
  2. 2. Introduction What Is Transactional Law? Transactional Practice v. Litigation Locating & Using Transactional Practice Materials
  3. 3. What is Transactional Law? Work performed by lawyers can be divided into two broad categories:  Litigation  Transactional Litigation practice involves:  Drafting court documents  Interview  Negotiations  Litigating in a Court of Law  Involves already existing legal dispute
  4. 4. What Is Transactional Law? (cont.) Transactional Law  Transactional practice is prospective  Focused on drafting documents & agreements  Examples:  Business Contracts  Commercial Paper/Negotiable Instruments  Commercial Real Estate Lease  Address legal issues implicated by agreement before to ensure good deal for client and avoid future litigation
  5. 5. Types of Transactional Material Numerous drafting aids available for practitioners (Practice Materials) Can be general, subject-specific, and/or jurisdiction-specific Drafting aids include:  Sample documents & clauses  Checklists  Forms  Other analytical and drafting tools  Detail specific legal issues or current awareness
  6. 6. Where to Locate TransactionalResources? Form Books (typically loose-leaf binders) Major Legal Research Platforms  Westlaw  Specific secondary sources  Lexis  Specific secondary sources  Transactional Practice Centers (Classic ONLY)  Bloomberg Law  Transactional Law  Practice Centers  Bureau of National Affairs (BNA) – Current Awareness Reports & Portfolios
  7. 7. Where to Locate TransactionalResources? (cont.) Drafting-specific platforms  Practical Law Company (PLC)  Free registration and access throughout law school career  Recently purchased by Thomson Reuters—parent company of Westlaw  Bradforms  Considered the best Colorado-specific forms  Gale Legal Forms Library (Denver Public Library)  Wide selection of electronic forms Law firm documents’ library  Many firms retain files of previous documents used for drafting agreements
  8. 8. Considerations When Drafting Ensure resource is up-to-date  Reflects current law Modify template to be responsive to client’s specific situation  Do not want client to face legal consequences  Using unmodified template could omit situation-specific legal issues/concerns
  9. 9. Conclusion Transactional Law involves prospective drafting of agreements Transactional resources can be subject and jurisdiction specific Includes sample agreements, clauses, and legal analysis Available on all major platforms, in print, and from many law firms’ repositories Remember to always update templates—ensure it reflects current law and addresses client’s specific needs

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