Transactional or Litigation?

Dear 1L,

Eventually, you’re likely to be asked, “transactional” or “litigation”?

My goal is to help you learn what those terms mean and, hopefully, if we get good comments, to learn about some different practice areas and how real lawyers actually spend their time.

1️⃣ “Transactional” lawyers work on deals.

Some of these lawyers’ functions include:

—advising individuals & organizations how to do things like incorporations/dissolutions, financings, and asset purchases;

—negotiating with opposing counsel; and

—preparing contracts and other legal documents to make transactions happen.

There are a myriad of ways to be a “transactional lawyer,” depending on your area of specialization.

Off the top of my head, M&A lawyers, bankruptcy lawyers, tax lawyers, real estate lawyers, and corporate securities lawyers come first to mind.

2️⃣ Lawyers who do “litigation” deal with disputes.

Very generally, they:

—prepare legal documents for courts & other forums;

—research and write memos and briefs;

—prepare witnesses and take and defend depositions;

—argue in court before judges and juries; and

—negotiate with opposing counsel.

As in the case of “transactional” lawyers, litigators’ functions vary based on practice area.

Some litigators spend most of their time in court, trying cases, whereas others spend more time litigating through written motion practice.

3️⃣ Hybrids {Not sure what to call this?}

There can be overlap between the primary “transactional” & “litigation” functions.

As a Labor & Employment lawyer, for example, although I was primarily a litigator who spent most of her time working on briefs, I also spent substantial time:

—counseling employers about how to avoid being sued;
—negotiating contracts; and
—conducting workforce training.

🗳️ LAWYERS:

What kind of law do you practice?
What are some common, daily functions?

I’ll collect comments and circulate a more complete report for everyone. 🙏🏻

Fondly,
💌 Amanda

#Dear1L