Determine Strategy to Meet Client Goals - Next Generation Bar Exam

1. What is the first step in determining a strategy to meet client goals?

   Identifying the client's objectives, interests, and constraints. Strategy must follow from what the client wants and can accept, such as cost, timing, and relationships.

2. A client wants to keep a business relationship with a supplier that breached a contract. What dispute strategy best fits that goal?

   Negotiation or mediation rather than litigation. Consensual processes are more likely to preserve the relationship.

3. Under MRPC 3.1, what limits a lawyer's choice of litigation strategy?

   A lawyer may not bring or defend a proceeding or assert an issue without a nonfrivolous basis in law and fact. A good-faith argument for extending or changing the law is not frivolous.

4. Under MRPC 1.2(d), what may a lawyer not do in pursuing a client's goals?

   Counsel or assist the client in conduct the lawyer knows is criminal or fraudulent. The lawyer may discuss the legal consequences of any proposed course of conduct.

5. Under MRPC 1.4, what must a lawyer do regarding the means of achieving client objectives?

   Reasonably consult with the client about the means. The lawyer must also keep the client reasonably informed and explain matters enough for informed decisions.

6. Under MRPC 1.2(a), who decides the objectives of the representation?

   The client. The lawyer must abide by the client's decisions concerning objectives and consult about the means.

7. Under MRPC 1.2(a), who decides whether to settle a civil matter?

   The client. The lawyer must convey settlement offers and abide by the client's decision.

8. What is the difference between a client's position and a client's interest?

   A position is what the client demands; an interest is the underlying need that motivates the demand. Addressing interests often reveals options beyond the stated position.

9. Under MRPC 1.2(a), which decisions in a criminal case belong to the client?

   The plea to be entered, whether to waive a jury trial, and whether to testify. The lawyer must abide by these decisions after consultation.

10. A client tells the lawyer to file suit to pressure a competitor, although no legal claim has a factual basis. What must the lawyer do?

    Decline to file the suit. MRPC 3.1 prohibits frivolous claims, regardless of client instructions.

11. A client wants a prompt, confidential resolution of a dispute with a former employee. What resolution best serves both goals?

    A negotiated settlement with a confidentiality provision. Litigation is public and slower, while a settlement can be private and quick.

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