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Source Objective Memorandum Complete MPT and Lawyering Skills List Matched to this deck.

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While writing an objective memorandum, the examinee finds a Library case that is materially unfavorable to the client's likely position.
What is the best treatment of that case?

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Misstate the adverse authority so the client's position appears stronger. Put the adverse authority in the Statement of Facts instead of the legal analysis. Discuss the adverse authority candidly, distinguish it if the facts or rule allow, and explain how it affects the likely outcome. Ignore the adverse authority because objective memoranda should focus on the client's strongest arguments.

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