Which one of the following is given by the passage as a reason for the difficulty a lawyer would have in determining ...

Skylar on October 5, 2019

@Meredith Happy to help!

This question asks for the answer choice that is "given by the passage as a reason for the difficulty a lawyer would have in determining whether - according to the LRCWA's recommendations - a prospective client was qualified to enter into an uplift agreement." These reasons are primarily discussed in the third paragraph of the passage.

Answer choice (A) states "some factors that may affect the cost of litigation can change after the litigation begins." This is a direct restatement of the second half of the third paragraph, which reads "this process would likely be onerous for a number of reasons, not least of which is the fact that the final cost of litigation depends in large part on factors that may change as the case unfolds, such as strategies adopted by the other side." Therefore, (A) is correct because it both offers a reason a lawyer would have difficulty and is directly supported by the passage.

Answer choice (E) states "investigating whether a client is qualified to enter into an uplift agreement would take time away from investigating the legal issues of the case." Although this poses a possible reason that a lawyer may have difficulty, it is not directly stated by the passage. Remember, the question is asking for a reason "given by the passage." While the passage discusses lawyers investigating a client's financial circumstances in addition to investigating the legal issues, it does not explicitly state that this would take time away from the legal issues. This is an assumption that, while likely true, is not directly given by the passage. The lack of this direct statement is what makes (E) an incorrect choice.

Does this make sense? Please let us know if you have additional questions!

Jacquelyn-Christoph on December 8, 2019

Why is answer choice D incorrect?

shunhe on January 1, 2020

Hi @Jacquelyn-Christoph,

While (D) is true when we look at it by itself, it doesn't really answer the specific question being asked of us. That is, it doesn't tell us why lawyers would find it hard to determine whether or not to take a case. Hope this helps!

Ravi on August 13, 2020

@Meredith and @Jacquelyn-Christoph, just for clarification, I think Skylar accidentally typed (A) instead of (C). The wording she's describing is actually for (C), which is the correct answer. Her explanation is great, but I just think she typed (A) by accident instead of (C). Just a heads-up.