Identifying client needs and goals — MCQs

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?

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?

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.

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?

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

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.

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.