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An MPT task asks for an objective memorandum on whether a former employee can enforce a noncompetition agreement. The Library contains one case enforcing a two-year restriction for a senior sales executive and one case refusing to enforce a one-year restriction against a lower-level technician because the geographic scope was too broad. The File shows that the former employee here was a regional account manager with access to customer lists, but the agreement covers the entire state even though the employee worked only in three counties.
A student plans to emphasize the customer-list fact and omit the technician case from the discussion because it is "bad for our side." The student also plans to conclude that enforcement is certain because the client has a strong business reason for the restriction.
How should the student handle the adverse authority and conclusion in an objective memorandum? Discuss candor, distinction, prediction, and professional tone.