Wednesday, July 18, 2018

Transactional Lawyers as Storytellers

Deal lawyers are not often framed as storytellers.  UNLV's Lori Johnson has a new article in the St. John's Law Review explaining why deal lawyers may also need to hone their ability to understand and present the essential "story" behind a  transaction or a client's business.  She explains that getting clarity on the narrative behind the deal may improve overall outcomes:

This approach can enhance completeness and truthfulness in transactional documents.  As a result, lawyers create more holistic and ethical outcomes.  Relying on the narrative paradigm. . . narrative theory can improve a transactional lawyer's approach to lawyering, relationships with clients, overall persuasiveness, and client outcomes.

Others have written about the gaps between the deals struck by clients and the documents and contracts memorializing these deals.  Although no approach will result in perfect contracts, a narrative-focused approach may help generate greater coherence in deal documents.

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