Multistate Professional Responsibility Exam Practice Question
Attorney Janet has focused her practice on personal injury cases. She is approached by Pat, a small business owner, who needs help with a technology contract dispute. Janet has minimal experience with such matters and wonders how to fulfill professional obligations. What is the best approach in this situation?
Rely on principles from personal injury cases when drafting and negotiating the contract
Consult an attorney with experience in technology disputes or dedicate time to study the relevant issues before moving forward
Explain your lack of knowledge in the subject matter and negotiate representation to limit your exposure to malpractice complaints.
Handle the matter using standard breach of contract strategies used in many civil cases
An attorney must have the needed proficiency or acquire it before proceeding. Consulting an experienced practitioner or studying the relevant aspects helps address the unique features of technology contracts. Relying on personal injury principles does not address the nuances of emerging technology arrangements, and treating it like a routine breach of contract claim overlooks field-specific concerns.
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability