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  3. The contingency-fee system, which allows lawyers and their clients to agree that

The contingency-fee system, which allows lawyers and their clients to agree that

游客2024-01-12  54
问题 The contingency-fee system, which allows lawyers and their clients to agree that the lawyer will be paid only in the event of success, does not increase the number of medical malpractice lawsuits brought against doctors. As attorneys must cover the costs for their time and research, they want to be assured that any medical malpractice case they accept on a contingency-fee basis has substantial merit. Consequently, attorneys turn away many people who come to see them, for lack of a good case.
The argument above is most vulnerable to criticism on the grounds that it fails to
选项 A、specify the criteria attorneys use to judge the merits of a medical malpractice case
B、consider whether, in the absence of a contingency-fee option, even people with meritorious cases are much less likely to initiate litigation if they believe they might incur large legal fees
C、note whether, in successful medical malpractice lawsuits, the average monetary award after legal costs have been deducted is less under contingency-fee arrangements than otherwise
D、consider the effect of the contingency-fee system on the number of lawsuits sought for reasons other than medical malpractice
E、acknowledge the rising cost of medical malpractice insurance
答案 B
解析 This question asks us to identify the best criticism of this argument among the given answer choices.
Based on the premise that attorneys will turn away many potential clients who are not likely to win their cases, the argument concludes thi.t a contingency-fee system does not increase the number of medical malpractice lawsuits brought against doctors.
In order to understand the argument more fully, we would need to consider whether the alternative to a contingency-fee system—a system wherein a client pays the attorneys fees regardless of outcome— makes it less likely that a potential client would bring a medical malpractice lawsuit against a doctor.
A    While it is true that the argument fails to specify the criteria that attorneys use to judge the merits of a malpractice case, this in no way suggests that such criteria do not exist.
B    Correct. This claim suggests that in the absence of a contingency-fee option, potential clients might hesitate to bring to court even lawsuits with merit. This suggests that there might actually be fewer meritorious malpractice lawsuits against doctors without the contingency-fee option. This would re suit in an overall reduction in the number of malpractice lawsuits against doctors, which substantially weakens the conclusion.
C    This implies that the contingency-fee option would reduce costs. Therefore, there would be more incentive to bring cases under the contingency-fee option. This strengthens the argument.
D    This is outside the scope of the argument. Note that the conclusion is about medical malpractice lawsuits, so this criticism is immaterial to the argument.
E    Note that medical malpractice insurance is a cost paid by doctors themselves. Therefore, the rising cost of medical malpractice insurance has no effect on the likelihood that a medical malpractice case will be brought to court.
The correct answer is B.
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