Wednesday, February 5, 2014
If you practiced as a transactional attorney before law teaching, chances are that you looked at form agreements provided in treatises, saved on your law firm database, handed to you by partners from past deals, or saved in your own template archives. This is no different from what litigators do either—they look for model existing memos, complaints, document requests, etc. that guide the first draft and let you start somewhere past “zero”. The rapidly changing legal environment and unique needs of each client in each deal limits the shelf life of form agreements and saddles them with all sort of potential downsides if they aren’t used thoughtfully, verified by research, or tailored to the specific deal. This disclaimer aside, I am curious about how we teach students about the role of exemplars, and as a starting point, where to find exemplars. Students and junior attorneys, if not given the right tools to find the best models, will use bad model forms. If you don’t believe me, see what you get when you search for “standard asset purchase agreement”.
This raises the question of where should students, attorneys, law professors wanting to incorporate experiential learning exercise modules into their courses look for these resources.
This post will be the first in a series that will highlight these resources. If you have suggestions for a source, please leave a comment or email me at firstname.lastname@example.org. I will compile a list of sources and link a word document in the final post. If there is interest, I will be happy to update the list over time. For now, the first installment of free, publically available resources. Paid sources will be next.
- Harvard Law School Library Transactional Sources and Tips
- North Carolina Central University Transactional Law Resources
- Emory Exchange for Transactional Teaching Materials
- Georgetown Law Library Transactional Form