Question #697

Why not C?

Started by erica-scott · started 2020-09-14 20:11 · last activity 2020-09-15 02:33 · 2 replies

C says, "be used if the lawyer is not certain that the client seeking to file a lawsuit could pay the lawyer's regular fee if the suit were to be unsuccessful" and lines 26 - 29 say, "the lawyer must be satisfied that the client is financially unable to pay the fee in the event that sufficient damages are not awarded" ... Im not seeing the difference in these two statements

Replies

  1. shunhe · 2020-09-15 00:05

    Hi @erica-scott, Thanks for the question! So as you note, (C) tells us that the lawyer isn’t certain that the client seeking to file the lawsuit can pay if the suit isn’t successful. In other words, the lawyer is NOT certain about the client’s ability to pay. Now take a look at those lines. The lawyer must be satisfied that the client is financially unable to pay the fee in the event that sufficient damages are not awarded. This says the lawyer has to be satisfied (you might think of this as “be certain”) that the client ISN’T able to pay. So in one, the lawyer doesn’t know if they can pay. In the other, the lawyer knows for sure that they can’t. And that’s the difference. Hope this helps! Feel free to ask any other questions that you might have.

  2. erica-scott · 2020-09-15 02:33

    Makes sense! Thanks so much!

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