Client Relationship and Management Practice Questions

Q: Using only the supplied file and legal resources, prepare an advisory settlement-evaluation memorandum recommending a counseling and negotiation approach for the upcoming mediation.

A strong memorandum should evaluate the favorable evidence against Harper while candidly addressing potential comparative fault and medical-causation disputes. It should assess the offer as a complete package rather than focusing only on the gross dollar amount. The preliminary distribution must account for the contingent fee, current liens, and costs while clearly identifying unresolved lien reductions and final calculations. The memorandum should recommend deletion of the regulatory-communication prohibition and distinguish that clause from narrower settlement-amount confidentiality. Most importantly, it should preserve Ortega’s authority by recommending informed counseling and a negotiation structure rather than accepting or rejecting the proposal for him.

Q: Using only the supplied client file and legal resources, prepare an advisory letter to Chen assessing whether the apartment conditions presently support lease termination, explaining the risks of withholding rent, identifying the most important additional documentation, and recommending a practical next step.

A strong letter should explain that Chen has facts supporting a habitability concern—recurring bedroom leak first noticed roughly three weeks ago, persistent odor, and displacement to the living room for the past week—but does not yet have a secure basis for immediate termination under §§ 5.02 and 5.04 of the State Residential Tenant Act. The short three-week duration and absence of a professional inspection or documented health effects create uncertainty about materiality. The texts to Superintendent Ortiz show Chen raised the issue informally, but under Lease Section 12, notice to on-site staff does not constitute notice; only written notice to the Property Management Office or tenant portal starts the Section 14 cure period. The response should warn that withholding rent under § 5.04 is risky because Chen cannot yet establish that proper notice was given or that the landlord failed to cure within a reasonable time after such notice. The recommended course should preserve the text messages and any photographs of the leak, obtain a professional inspection, deliver written notice through the lease-designated channel (Property Management Office or tenant portal), request a prompt repair plan within the Section 14 timeframe, and reserve Chen's remedies in client-centered language.

Question 1

Using only the supplied file and legal resources, prepare an advisory settlement-evaluation memorandum recommending a counseling and negotiation approach for the upcoming mediation.

Question 2

Using only the supplied client file and legal resources, prepare an advisory letter to Chen assessing whether the apartment conditions presently support lease termination, explaining the risks of withholding rent, identifying the most important additional documentation, and recommending a practical next step.

Question 3

Using only the supplied file and legal resources, prepare an objective advisory email to Priya Shah assessing whether Harbor Café is likely bound by the supply agreement signed by operations coordinator Luis Moreno. Address actual authority, apparent authority, and ratification separately; identify the most important factual gaps; and recommend immediate steps that preserve the café's position while leaving the ultimate business decision to Shah.

Question 4

Using only the supplied file and legal resources, prepare an advisory negotiation memorandum assessing Summit's claim and damages, addressing Northstar's defenses, and recommending a settlement strategy consistent with Summit's stated objectives.

Question 5

Question 6

A lawyer represents a small-business owner seeking $100,000 for breach of a services contract. Before negotiations, the client said, "I hope to recover at least $80,000, but I mainly need this finished quickly because litigation is distracting my staff." The client authorized the lawyer to exchange proposals but did not authorize settlement at any amount. Opposing counsel now offers $72,000, payable within 10 days, with each side bearing its own fees. The lawyer estimates that continued litigation will cost the client at least $18,000 and that factual disputes create a meaningful risk of recovering substantially less than $80,000. Opposing counsel requests an answer by the next afternoon. The client is available for a call that morning. Which of the following is the most appropriate next step?

Accepted Answer

Explain the offer, likely net recovery, costs, and risks, then obtain the client's decision before accepting or countering.

Answer

Reject the offer immediately because accepting less than the claimed amount would compromise the client's legal position.

Answer

Accept the offer because a lawyer may resolve a claim when the proposed settlement reasonably advances the client's objectives.

Answer

Counter at $85,000 because beginning near the client's stated goal is the most efficient way to conclude the negotiation.

Question 7

A lawyer represents a homeowner in a dispute with a contractor over defective roof repairs. The written contract requires the contractor to use Grade A shingles, but the contractor installed Grade B shingles. The homeowner wants to recover the cost of replacement. A controlling state supreme court decision from 2018 supports recovery when a contractor knowingly substitutes inferior materials. The lawyer finds a 2024 intermediate appellate decision distinguishing that case when the substitution was inadvertent. A citator shows that the supreme court decision remains valid and that no higher court has reviewed the 2024 decision. The contractor maintains that its supplier mislabeled the shingles. Before advising the homeowner about the likely recovery, what is the most appropriate next research step?

Accepted Answer

Research how courts applying the controlling decision evaluate evidence that a material substitution was knowing rather than inadvertent.

Answer

Rely exclusively on the 2018 decision because a state supreme court opinion necessarily resolves every later dispute involving inferior materials.

Answer

Disregard the 2018 decision because the newer intermediate appellate decision supersedes older decisions regardless of court hierarchy.

Answer

Search decisions from other jurisdictions without first determining how courts in the controlling jurisdiction treat evidence of intent.

Question 8

A lawyer represents a bakery in a contract dispute with a supplier. After reviewing the bakery's finances and litigation risks, the owner authorized the lawyer to settle for no more than $80,000 and instructed the lawyer to call before accepting any proposal. During mediation, opposing counsel offers to settle for $85,000, payable over six months, and states that the offer will expire in 20 minutes. The lawyer believes the payment schedule makes the proposal better for the bakery than an immediate $80,000 payment. The owner is temporarily unreachable. The applicable professional rule provides that a lawyer must abide by the client's decision whether to settle and may not accept an offer without actual authority. What is the most appropriate next step?

Accepted Answer

Explain that authority is unavailable, request a brief extension, and continue trying to reach the owner without accepting the proposal.

Answer

Accept the offer because the favorable payment schedule permits the lawyer to determine that the proposal is economically equivalent to the authorized amount.

Answer

Accept the offer conditionally, subject to the owner's later approval, because a conditional acceptance preserves the proposal without binding the client.

Answer

Reject the offer immediately because its stated amount exceeds the limit, without requesting additional time or attempting further communication.

Question 9

A lawyer represents a restaurant owner in a lease-renewal negotiation. The owner’s principal goals are to remain at the location and avoid more than a 6% rent increase. The landlord proposed a 12% increase and requested a response by Friday. The owner emailed the lawyer: “Tell them their proposal is ridiculous and that we will sue if they try to remove us.” The current lease has eight months remaining, and the landlord has not threatened eviction or breached the lease. The lawyer has authority to communicate the owner’s position but not to accept new terms. Which of the following is the most appropriate response to the owner?

Accepted Answer

Explain that a threat to sue lacks a current basis, confirm the owner’s priorities, and propose a firm counteroffer tied to those priorities.

Answer

Send the requested threat because the client determines both the objectives and the precise language used in negotiations.

Answer

Decline to respond to the landlord until the owner authorizes the lawyer to accept a complete renewal agreement.

Answer

Advise the owner to end negotiations because the landlord’s opening proposal exceeds the owner’s preferred maximum increase.

Client Relationship and Management — MCQs

Client Relationship and Management — MCQs

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