Friday, September 14, 2018
Tina Stark is a leader in transactional skills training. Here is what she has to say about the current state of the field.
Tina L. Stark (Independent), Transactional Skills Education: Mandated by the ABA Standards [https://ssrn.com/abstract=3228828]
Abstract: "This article is based on a presentation I made at the 2018 Emory Conference. At that time and in this article, I explain why current ABA Standards require law schools to provide every student a foundation to practice transactional law. In addition, I urge individual schools to add at least one credit to the 1L Contracts course. Why? Because any graduate might join the estimated 50% of lawyers who spend all or part of their time doing transactional work. With respect to adding at least one credit to the 1L Contracts course, I was not, and am not, advocating that professors use the additional time to teach negotiation or drafting. Instead, I propose that we allocate that time to teaching foundational knowledge that builds the infrastructure for additional transactional education. We need to give students a transactional perspective."
Key sentence: "It astounds me that the Academy has not yet recognized the unqualified need to teach an area of law that has existed since at least Babylonian times. Indeed, the Code of Hammurabi recognized the salience of contract law. According to that unimpeachable source, Wikipedia, atleast half of the Code of Hammurabi is devoted to contract law."
P.S. Professor Stark has also posted some of her most important articles on transactional skills. You can find them here.