Next Generation Bar Exam Quiz
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A plaintiff in a personal-injury lawsuit signed an agreement with a proposed expert witness. Under the agreement, the expert would receive 10 percent of any damages awardif she testified at trial, and she would receive nothing if the case settled or was dismissed before trial. The expert had not yet been deposed. The defendant learned of the arrangement and moved to prevent the expert from testifying and to dismiss the plaintiff's case.
Which issue is most likely to determine whether the plaintiff may enforce the agreement or use the expert's testimony?
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