Transactional Lawyering: Basic Skills

Monday, November 5, 2018 | 6:00 p.m. – 8:30 p.m.


Program Chair:
Peter Siviglia
Commercial Agreements –
A Lawyers Guide to Drafting and Negotiating

  • This program treats the skills that lawyers require to effectively engineer business transactions for their clients.

    To be an effective transactional attorney requires talents that differ mightily from those required to be an effective litigator. Unlike litigation, a business deal is not — well, at least it should not be — a confrontational event. It is an undertaking to build an “agree”ment that benefits all parties.

    Consequently, the negotiation and preparation of the contract require unique disciplines. The negotiation must be constructive, seeking to blend differences into consensus. Similarly, writing a contract differs from other forms of writing. Its object is not to persuade or to convey information or to entertain. A contract is simply a set of instructions, a design for a business relationship or a business deal. And if that contract is not properly crafted, it will provide a playground for litigators. In fact, the job of the transactional lawyer is to place commercial litigators on the endangered species list.

    This program will impart practical knowledge, skills and techniques to help the new lawyer achieve the goals mentioned above.

    Live Program & Webcast: $179 for Members | $279 for Nonmembers
    In-House Counsel: Free for Members | $209 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (earliest admission 2016-2018 in any state or country), Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.


  • Stephen D. Brodie
    Blank Rome LLP
    Richard K. Neumann, Jr.
    Alexander Bickel Distinguished Professor of Law
    Maurice A. Deane School of Law at Hofstra University


  • 6:00 pm – 6:05 pm     Introduction

    Peter Siviglia


    6:05 pm – 6:50 pm     What We Didn’t Teach You in Law School 

    • Stages of Transactions
    • Non-Legal Remedies
    • Problem Prevention
    • Risk Management
    • Over-lawyering
    • Listening; Questioning
    • Interviewing and Counseling Clients

    Richard K. Neumann, Jr.


    6:50 pm – 7:00 pm.    Break


    7:00 pm – 7:45 pm     Negotiating 


    • Transactional Negotiating Differs from Negotiating in Litigated Matters
    • Bullying by Older Lawyers: Preparation – The Best Medicine
    • Knowing What to Give Up: Tenable vs. Untenable
    • Salesmanship
    • Understanding Leverage
    • Nuances: Listening to the Client and the Other Party

    Stephen D. Brodie


    7:45 pm – 8:30 pm           Contract Preparation 

                                                    Peter Siviglia


  • CLE Credit
     2.5 Skills
    2.7 general
    2.5 general
    2.0 general


  • Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Membership Outreach and Sponsorships Manager | (212) 382-6608 |