PrepTest 139, Section 2, Question 27
In October 1999, the Law Reform Commission of(451 more words not shown)
Which one of the following,(15 more words not shown)
- AThe proportion of(32 more words not shown)
- BBefore the LRCWA's(25 more words not shown)
- CThere is strong(27 more words not shown)
- DThe total fees(30 more words not shown)
- EIn most jurisdictions(23 more words not shown)
Reading the passage
The author's criticism has several parts. Investigating finances and estimating costs would burden lawyers; restricting contingency fees would limit access and freedom of contract; and the benefits of financing, shifting risk, and aligning incentives extend beyond the poorest clients.
What we’re looking for
A weakener can challenge one of those objections without resolving all of them. For example, if a supposedly added burden is something lawyers already routinely undertake, that criticism loses some force.
Working the answers
- A
Uplift arrangements may help the least well-off pursue lawsuits. The author does not deny that benefit. The objection is that limiting the option to those clients excludes others who could benefit too.
- BCorrect
If lawyers already carefully evaluated clients' finances before accepting complex or lengthy cases, requiring such an evaluation is less of a new burden than the criticism suggests. This does not eliminate uncertainty about future costs or answer every fairness objection, but it weakens one specific reason for rejecting the recommendation.
- C
Unpopularity and a low chance of enactment do not show that the author's objections to the proposal are mistaken. This predicts the proposal's fate rather than defending its merits.
- D
A modest difference in fees does not remove the financial investigation or explain why other clients should be denied the arrangement. The amount charged is not the issue behind those objections.
- E
Being less common than other varieties does not show that uplift arrangements should be the only permitted type, or that access to them should be restricted. Frequency of use does not answer the author's criticism.
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