Draft or Edit Client Correspondence - Next Generation Bar Exam

  1. Under MRPC 1.4(a), what must a lawyer keep the client reasonably informed about?
    The status of the matter. The lawyer must also promptly comply with reasonable requests for information.
  2. What is the appropriate tone and language for a letter to a lay client?
    Plain, clear language that avoids unexplained legal jargon. The client must be able to understand the advice to act on it.
  3. A draft letter to a client says, 'You will certainly win at trial.' What revision is needed?
    Replace it with a candid assessment of the strengths and risks. No lawyer can guarantee a trial result.
  4. How should a client letter address the likelihood of success?
    By giving a candid assessment of risks, without guaranteeing an outcome. Overstating the likelihood of success may mislead the client.
  5. What should a client letter include when it reports a settlement offer?
    The terms of the offer, the lawyer's assessment, and a request for the client's decision. The decision to settle belongs to the client under MRPC 1.2(a).
  6. A lawyer learns the opposing party has made a settlement offer. When must the lawyer inform the client?
    Promptly. Under MRPC 1.4, a lawyer must promptly communicate offers unless the client has previously indicated how to respond.
  7. Where should the bottom-line advice appear in a client advice letter?
    Near the beginning of the letter. Clients need the conclusion and recommended next steps before the detailed reasoning.
  8. A draft letter to an unsophisticated client is full of Latin phrases and case citations. What revision is needed?
    Rewrite it in plain language explaining the practical effect of the law. Correspondence must permit the client to make informed decisions.
  9. Under MRPC 1.6(c), what must a lawyer do when sending confidential client information by email?
    Make reasonable efforts to prevent unauthorized disclosure or access. Reasonable efforts may include confirming the recipient address and using secure methods where needed.
  10. Under MRPC 1.4(b), how fully must a lawyer explain a matter to the client?
    To the extent reasonably necessary to permit the client to make informed decisions. The explanation should fit the client's sophistication and the decision at hand.
  11. What should a client advice letter include regarding next steps?
    Specific actions to be taken, by whom, and any deadlines. Clear next steps help the client act promptly.

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