Dont be an average Transactional Lawyer

Transactional lawyers are often seen as the negotiators of the legal world. Requiring enough aplomb to sway the mediator, and enough aggression to push for the best possible deal for their client, transactional lawyers often need to walk a tightrope of rhetoric and resolve. However, by adhering to the tips below, you can ensure the most favourable settlement always lands on your side of the table in a legal transaction.

Manage expectations

Barrister Dr William Higgs stresses the importance of understanding your client’s perceived outcome – and being realistic about it.

“The most important aspect of a transactional lawyer’s role is knowing what your client wants and challenging that expectation,” Dr Higgs said.

“The world has become much more connected over the past decade, so transactional lawyers now work on cross-border deals. Clients expect transactions to be completed much faster. As a transactional lawyer, you need to have confidence in your knowledge and ability to close that loop.”

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Reverse engineer

Dr Higgs suggests that transactional lawyers apply their far-spanning knowledge of the law to their transactions.

“Become familiar with different types of commercial transactions and break them down into their component legal parts,” he said.

“Then think about the commercial and structuring aspects of the transaction. Attention to detail is a must.”

See link below to what the College of Law say about Transactional Lawyers

College of Law

1. Parties transfer property in financing transactions in a number of ways

  • sale of a specific loan by a lender such as a syndicated loan.
  • reasons:
    • to realise capital or take advantage of new lending opportunities;
    • change the dynamics of its loan portfolio ie diversifying its portfolio;
    • reduce its capital requirements (ie banks have to maintain a certain percentage of capital to cover for its existing loan obligations);
    • may wish to crystalise a loss on the loan where the borrower runs into difficulties (ie a distressed debt where there is an active market).
    • to insulate payments on the issued debentures from the claims of entities, including the transferor/originator of the assets, that are either unrated or have credit ratings lower than the desired credit rating on the debentures
  • transfer of property such as a portfolio of receivables eg. residential loans, credit card debt, aircraft leases and other types of receivables to be used to generate cash flow in a securitisation transaction (such as by the issue of debentures).
    • reasons:
      • to legally isolate the underlying assets from the insolvency of the transferor/originator of those assets, enabling purchasers of the debentures to consider the creditworthiness of the underlying assets independent of the creditworthiness of the transferor/originator.
      • to insulate payments on the issued debentures from the claims of entities, including the transferor/originator of the assets, that are either unrated or have credit ratings lower than the desired credit rating on the debentures.