PrepTest 139, Section 2, Question 24
In October 1999, the Law Reform Commission of(451 more words not shown)
Which one of the following(32 more words not shown)
- AThe length of(12 more words not shown)
- BNot all prospective(11 more words not shown)
- CSome factors that(12 more words not shown)
- DUplift agreements should(7 more words not shown)
- EInvestigating whether a(21 more words not shown)
Reading the passage
The lawyer must determine whether the client could afford the fee without sufficient damages. That means comparing the client's resources with the likely cost of the case. But the cost can change as the litigation unfolds. The same client could afford a relatively simple case and be unable to afford a much more expensive one.
What we’re looking for
So the problem is not just obtaining a financial snapshot of the client. The amount against which those finances must be measured is uncertain.
Working the answers
- A
A trial's duration could affect cost, but the author does not identify uncertainty about trial length as the stated reason. The actual explanation is broader: factors affecting the final cost can change, including the opposing side's strategy.
- B
Clients might dislike disclosing their finances, but the author does not offer their reluctance as the explanation. Plausibility is not a substitute for the reason given.
- CCorrect
Changing cost factors make it hard to decide in advance whether this particular client can pay. The uncertainty concerns the eventual expense that the lawyer must compare with the client's resources.
- D
This is one of the commission's eligibility conditions. It does not explain the specific difficulty of determining whether a client meets the financial requirement.
- E
Financial investigation could take time away from legal work, which helps us understand why the requirement is burdensome. But the question asks why determining eligibility is difficult. The author's stated obstacle is that the final cost depends on factors that may change, not merely that the investigation consumes time.
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