The contingency-fee system, which allows lawyers and their

[BTGmoderatorDC]

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


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


OA B

Source: Official Guide

[GMATGuruNY]

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


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


OA B

Source: Official Guide

Premise:
Contingency-fee attorneys turn away many people who come to see them, for lack of a good case.
Conclusion:
The contingency-fee system does not increase the number of medical malpractice lawsuits brought against doctors.

The correct answer must weaken the conclusion.

B: In the absence of a contingency-fee option, even people with meritorious cases are much less likely to initiate litigation.
Implication:
In the PRESENCE of a contingency-fee option, people with meritorious cases are much MORE likely to initiate litigation -- weakening the conclusion that the contingency-fee system does not increase the number of lawsuits.

The correct answer is B.

[LuffyNguyen]

Hi GMATGuruNY,

can you explain why the answer choice C is not correct? The choice C, in my opinion, says that the rewards is less under contingency system than otherwise; if less reward is the case, lawyers might be more motivated to pursue more cases to compensate for the lower fee per case, weakening the conclusion that contingency system do not increase legal cases.