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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Photo of Benjamin P. Edwards Benjamin P. Edwards

Benjamin Edwards joined the faculty of the William S. Boyd School of Law in 2017. He researches and writes about business and securities law, corporate governance, arbitration, and consumer protection.

Prior to teaching, Professor Edwards practiced as a securities litigator in the New…

Benjamin Edwards joined the faculty of the William S. Boyd School of Law in 2017. He researches and writes about business and securities law, corporate governance, arbitration, and consumer protection.

Prior to teaching, Professor Edwards practiced as a securities litigator in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP. At Skadden, he represented clients in complex civil litigation, including securities class actions arising out of the Madoff Ponzi scheme and litigation arising out of the 2008 financial crisis. Read More