custodio wrote:
GMATNinja KarishmaBGMATIntensive(B) and (C) are "whether" sentences, so I think we should think both ways (yes or no).
contingency-fee option: CFO
(B)
-> if yes,
people will not initiate a lawsuit when non-CFO (so, CFO will increase the lawsuits) -- WEAKEN
-> if no,
people will initiate a lawsuit when non-CFO (so, CFO will not increase the lawsuits) -- STRENGTHEN
(C)
-> if yes,
lawyers will take more lawsuits (because CFO makes them earn more) -- WEAKEN
-> if no,
lawyers will not take more lawsuits (because CFO makes them earn less) -- STRENGTHEN
Any thoughts?
Note that the question is a flaw in the reasoning type of question. Hence, we have to say what the author's flaw in the reasoning is.
So read options (B) and (C) like this:
- the author fails to consider whether A is less likely to do B in case of C... etc
We have to worry about whether the author considered the two cases before arriving at the conclusion and whether they will lead to different conclusions if he did consider them.
The argument says that in a contingency fee system, since attorneys turn away many cases because they are not strong, number of lawsuits does not increase. (Normally, people may think that a contingency fee system will increase the number of lawsuits because anybody with even a small chance of winning may file a case because he doesn't need to pay anything if he loses. He pays only if he wins so either it is status quo or a win). The author says that doesn't happen because attorneys don't take such weak cases with low probability of winning.
But here is the flaw - the author fails to consider whether people with strong cases do not file lawsuits without a contingency fee system. Without considering this aspect, he cannot arrive at his conclusion. If people with strong cases file lawsuits in either fee system, then it is likely that number of cases does not increase under contingency fee based system. But if people with strong cases do not usually file without contingency fee based system (because they will need to bear the legal fees in the beginning at least and there is a chance that they may still lose the case) then number of lawsuits will increase under contingency fee based system.
This is what (B) says.
Now look at (C)
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
Did the author fail to 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?
Does this impact the number of cases filed under the regular system vs under the contingency-fee arrangements system? Likely not hence we don't need to consider this in our argument. Hence, this is not the flaw in the author's reasoning.