Each fall semester, Temple 1Ls partake in a course unusual, if not unique, in legal education, spending about three weeks negotiating and documenting some fairly straightforward deal elements in Introduction to Transactions Skills (ITS). Overseen by Professor Andrea Monroe, ITS requires all 1Ls to play the role of attorney to either a budding and cash-hungry restauranteur, “Emeril Starr,” or his financially successful friend, and potential investor, “Carly Whitman.”
Students work through some basic exercises in interviewing clients (e.g., “Tell us, Emeril, why do you want to start a restaurant?”) and negotiating (e.g., “Carly might agree to let Emeril have a larger percentage of the business if she keeps naming rights”). The one-credit course is designed to expose students to basic attributes of transactional practice. It culminates in a final negotiation with “surprise” facts given to the student-lawyers shortly before they are required to engage in their final negotiations—in front of real lawyers who judge their performance.
This year’s ITS final event was the largest on record, with 198 students, 14 faculty members, 14 upper-level TAs and 62 alumnae and friends helped cap off the class in style. Once again, the perpetual effort to resolve the never-ending Emeril Starr / Carly Whitman investment dispute was played out in real time with almost 50 simultaneous negotiating sessions taking place throughout the law school.
Whether Carly and Emeril ever agree on who would control the key decisions in their restaurant–cuisine, pricing, management structure and marketing approach–was once again front and center in the intense discussions throughout Klein and Barrack Halls. Was there a winner this time?
At the end of the one-hour session, in which, for the first time, all negotiations took place at the same time, virtually every group had reached a resolution to allow the partnership to continue. Only two of the 50 sessions ended in separation. Dean Gregory Mandel and Associate Professor of Law Emerita Eleanor Meyers addressed the teams to cap off the session prior to a reception.
Sessions were high-spirited, with innovative proposals and a real-life feel for all participants. The students truly enjoyed the session coming just 5-6 weeks into their 1L year. “I came to law school dead-set on litigation,” said Sarah Zimmerman. “But I think I made that decision before I truly knew what transactional law even meant! After ITS I have a greater understanding of the value of negotiation skills and how those skills will serve me in any type of job post-graduation.”
Fahina Chowdhury noted the realism of ITS. The class “highlighted how important it is to find a balance between doing what is best for your client and also compromising. After negotiating for hours on end, I did not want the final outcome to be a failed business and end of a longtime friendship. Keeping this in mind, we struck a deal both sides were satisfied with.”
Everyone agreed it was a terrific break from Contracts and Torts as students were able to feel for the first time what it’s like to practice law and represent a real client. Professor Andrea Monroe highlighted the “wonderful alums and friends, and amazing help from every corner of the law school, from IT, to Admissions, to Career Services, to Student Affairs, to Facilities, to Special Events, and everything in between”.
This year, the ITS/Kohn Prize was awarded to the team in each small section class that best embodied the ideals of ITS–collaboration, civility, creativity, teamwork, and professionalism. This year’s winners were:
- Mona Alsaidi
- Christina Bowen
- Fahina Chowdhury
- Rachel Dansky
- John Donohue
- Uladzimir Dorash
- KJ Vojir-Esposito
- Shane Flanagan
- Kyle Generalli
- Molly Herbison
- Kabir Hossain
- Terrence Jones
- Stephen Kerstein
- Taylor Maurer
- Sydney Meyer
- Marissa Meyers
- Molly Moleres
- Amanda Muscavage
- Ray Nguyen
- Sasha Phillips
- Jordan Robbins III
- Arielle Schoenburg
- Andrew Sheppard
- Ray Stiles
- Sarah Tarczewski
- Jackie Winton
- Benjamin Whitney
- Myranda Zhou
Jonathan M. Broder (LAW ’83) is Vice President of Corporate Development and General Counsel for Conrail. He manages Conrail’s legal and corporate affairs, as well as its real estate and business development departments.