Reading ComprehensionDifficulty: Medium

PT139 S2 P4 Q26 Explanation

Contingency Fees in Western Australia

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Passage

In October 1999, the Law Reform Commission of Western Australia (LRCWA) issued its report, “Review of the Civil and Criminal Justice System.” Buried within its 400 pages are several important recommendations for introducing contingency fees for lawyers’ services into the state of Western Australia. Contingency-fee agreements call for payment only if the lawyer’s risk of financial loss, such charges generally exceed regular fees.

Although there are various types of contingency-fee arrangements, the LRCWA has recommended that only one type be introduced: “uplift” fee arrangements, which in the case of a successful outcome require the client to pay the lawyer’s normal fee plus an agreed-upon additional percentage of that fee. This restriction is intended to prevent is financially unable to pay the fee in the event that sufficient damages are not awarded.

Unfortunately, under this recommendation, lawyers wishing to enter into an uplift fee arrangement would be forced to investigate not only the legal issues affecting any proposed litigation, but also the financial circumstances of the potential client and the probable cost of the litigation. This process would likely be onerous for a number may change as the case unfolds, such as strategies adopted by the opposing side.

In addition to being burdensome for lawyers, the proposal to make contingency-fee agreements available only to the least well-off clients would be unfair to other clients. This restriction would unjustly limit freedom of contract and would, in effect, make certain types of litigation inaccessible to middle-income people or even wealthy people who it is reasonable to assume that such arrangements increase lawyers’ diligence and commitment to their cases.

What this question is testing

Locate Detail

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
26.

According to the passage, the LRCWA’s report recommended that

Answer choices

  1. Out of Support Window: diligence4% picked this

    be used only when it is reasonable to think that such arrangements will increase lawyers' diligence and

    The author brings up concerns of lawyer's diligence in the final paragraph, but that's not something we have attached to LRCWA's recommendations. LRCWA was only worried about lawyers claiming a disproportionate share of the rewards and worried about clients choosing to use a contingency fee arrangement when they could afford to otherwise.

  2. Out of Scope: enormous damages3% picked this

    be used only in cases in which clients are unlikely to be

    There's nothing in the 2nd paragraph that sounds like the LRCWA was worried about enormous damages. They were just worried about lawyer's taking too-big a share of the damages, whatever size those are.

  3. Opposite19% picked this

    be used if the lawyer is not certain that the client seeking to file a lawsuit could pay the lawyer's regular fee if

    This answer would be correct if it said that the LRCWA recommends that contingency fee arrangements not be used if the lawyer hasn't ascertained the client otherwise couldn't afford to pay legal fees in a losing case.

  4. Correct68% picked this

    not be used in cases in which another type of arrangement

    Why this is right

    This is supported by the last sentence of the 2nd paragraph. Contingency-fee arrangements should be permitted only in cases where each of these conditions is satisfied: first, the contingency-fee arrangement is used only as a last resort when all means of avoiding such an arrangement have been exhausted .... In other words, if any other type of arrangement is possible (i.e. practicable), then contingency-fee arrangements are not to be used.

    Skill tested: Locate Detail · how this choice captures the passage's function is the move to repeat next time.

  5. Out of Scope5% picked this

    not be used except in cases where the lawyer is reasonably sure that the client will win damages sufficiently large

    Out of Scope: reasonable sure of win This wasn't one of the three things found in the 2nd paragraph. The three requirements were 1. last resort 2. lawyer has verified client couldn't pay if client loses case 3. uplift fee There was nothing about verifying that the potential awards are big enough to cover the lawyer's fees.

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