Investigation and Evaluation Practice Questions

Q: Using only the supplied file and legal resources, prepare an advisory letter to the client explaining whether she should accept the publisher’s proposed resolution, counteroffer, or pursue available contract remedies. Address the strength of her legal position, the practical consequences of each option, and the additional documentation she should preserve.

A strong letter should explain that Northstar’s projected delay likely threatens a central benefit of the agreement, while acknowledging Chen’s late captions and explaining why they presently appear noncausal. It should address the contractual notice-and-cure process before recommending termination. The response should compare the proposal’s concrete value with its broad release and should identify a targeted counteroffer responsive to Chen’s publication and compensation goals. It should also discuss proof, mitigation, and preservation of tour-related losses. The ultimate decision should remain with Chen after the lawyer clearly explains the legal and practical tradeoffs.

Question 1

Using only the supplied client file and legal resources, draft a confidential settlement proposal email to counsel for tenant Solace Fitness on behalf of Harbor Properties. The proposal should pursue the client's objectives of prompt payment, restoration of compliant operating hours, and preservation of the tenancy. Accurately state the lease breaches and disputed issues, propose supported monetary and nonmonetary terms, include a workable cure and verification process, and preserve unresolved claims without making unsupported threats. Do not state that you have authority beyond the limits in the client instruction, and do not use outside law.

Question 2

Using only the supplied file and legal resources, prepare an advisory letter to the client explaining whether she should accept the publisher’s proposed resolution, counteroffer, or pursue available contract remedies. Address the strength of her legal position, the practical consequences of each option, and the additional documentation she should preserve.

Question 3

Question 4

Question 5

Question 6

A small manufacturer asks a lawyer to pursue a supplier for allegedly delivering defective components used in the manufacturer's products. The manufacturer says that most communications occurred through an employee messaging platform that automatically deletes messages after 60 days. Some relevant messages may disappear within a week. A former purchasing employee, who is not represented by counsel, negotiated the order and later left after disagreeing with management about whether the manufacturer's design caused the failures. The client wants a quick demand but has not authorized litigation, and the lawyer has not yet determined whether the messages support the client's account. What is the most appropriate next step?

Accepted Answer

Send a preservation request identifying relevant messages and ask the client to suspend routine deletion while counsel investigates.

Answer

File suit immediately so formal discovery can begin before determining whether the messages support the client's account.

Answer

Interview the former employee through opposing counsel because the employee communicated with the vendor during the transaction.

Answer

Advise the client to restore only favorable messages because producing irrelevant or adverse communications would increase litigation risk.

Question 7

A lawyer represents a software company seeking to enforce an employee noncompete agreement. The general counsel sends the lawyer a five-year-old published appellate opinion upholding similar language. The opinion interpreted a statute governing noncompete agreements. The legislature amended that statute two years later, and the amendment applies to agreements signed after its effective date. The client's agreement was signed last year. The general counsel wants advice by tomorrow and asks whether the older opinion resolves the issue. The lawyer has not yet checked the opinion's subsequent treatment or located cases interpreting the amended statute. What is the most appropriate next research step?

Accepted Answer

Confirm the opinion remains good law, then use the jurisdiction's current statute and later controlling cases to assess the amendment.

Answer

Rely on the opinion because a published appellate decision remains controlling unless the same court expressly overrules it.

Answer

Begin with law-review articles discussing noncompete policy because secondary sources provide the most current statement of binding law.

Answer

Advise the client that the clause is unenforceable because the cited statute materially changed after the opinion was issued.

Question 8

A lawyer represents a small contractor in settlement negotiations over a payment dispute. The client authorized the lawyer to accept any settlement offer of $60,000 or more and instructed the lawyer to reject anything less. The opposing party now offers to settle for $45,000, well below the client's authorized minimum, with no unusual or nonmonetary terms attached. The lawyer believes the client would obviously want this offer rejected. What is the most appropriate next step?

Accepted Answer

Reject the offer without consulting the client, because it is far below the client's authorized settlement amount.

Answer

Wait to respond until opposing counsel raises the offer to $60,000, since the client's prior instructions already establish rejection as the appropriate response.

Answer

Promptly inform the client of the offer and confirm whether to reject it, because the decision to accept or reject a settlement offer belongs to the client.

Answer

Decline to respond to the offer at all, since it falls outside the client's prior authorization and requires no further action.

Investigation and Evaluation — MCQs

Investigation and Evaluation — MCQs

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