PT 60 Section 4 Question 27

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jesuis
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PT 60 Section 4 Question 27

Postby jesuis » Mon Oct 04, 2010 11:53 pm

Anyone have any input on this one? (it's passage 4, the last one in the RC section of PrepTest 60)

I chose D because it seems to undermine the author's criticism of the LRCWA's recommendation.
D basically says that lawyers get paid only marginally more under the contingency-fee agreement compared to without the agreement. This seems to undermine the author's claim that the LRCWA's recommendation, regarding the contingency-fee, would allow the lawyers to charge a much higher fee due to the higher risk.

I would really appreciate any input on this one. (an explanation of why B is the correct choice).

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Blumpbeef
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Re: PT 60 Section 4 Question 27

Postby Blumpbeef » Tue Oct 05, 2010 12:17 am

He never said that the fees would be "much higher". The extra fee is pre-agreed and is designed to prevent lawyers from getting fees that are excessively high.

I missed this question too, and I'm having a difficult time seeing why it would be B.

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jesuis
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Re: PT 60 Section 4 Question 27

Postby jesuis » Tue Oct 05, 2010 12:42 am

True, he didn't say that they would necessarily be much higher, but the possibility of his claim is still undermined by D, at least as I see it.

Hopefully someone can enlighten us why it's B.

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birdlaw117
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Re: PT 60 Section 4 Question 27

Postby birdlaw117 » Tue Oct 05, 2010 1:15 am

The reason the correct answer is B is because one of the main arguments against the contingency-fee agreements is that it would force lawyers to evaluate finances, thereby wasting their time doing that instead of actually evaluating the case. However, B states that lawyers are already doing this, which would make the previous point irrelevant.

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Calla Lily
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Re: PT 60 Section 4 Question 27

Postby Calla Lily » Thu Oct 07, 2010 11:03 am

The above is correct. This information can be found in paragraph 3 of the passage. The author criticizes the recommendation for requiring lawyers to assess the financials of their clients, but if they already were doing that, then the recommendation wouldn't really be different in this respect than what the majority of them were already doing.

D is not correct because the author never criticizes the recommendation based on contingency agreements providing substantially more money for the lawyers. Yes, if the lawyers successfully litigate under such agreements, they could definitely get significantly more, but the author doesn't criticize this in the passage. The two specific criticisms listed are the one mentioned above and that the contingency fee agreements would only be available to well-off clients, which would be unfair.




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