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Source Demand Letter Complete MPT and Lawyering Skills List Matched to this deck.

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A client asks whether the company is certain to defeat a threatened lawsuit. The File facts are mostly favorable, but the Library includes one case that supports the client and one case that creates a meaningful risk if a disputed fact is proved.
Which approach is best for an opinion letter?

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Because one authority is favorable, the unfavorable authority should not be discussed. The safest letter is one that quotes both cases and lets the client decide. You will definitely win because your facts are better than the other side's facts. The cases point in different directions, but based on the supplied facts you have a strong argument; the letter should also explain the main risk and the steps that would reduce it.

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