|Abstract||We study the value of information on the quality of legal services by analyzing the incentives of litigants to hire high-quality lawyers and the effect of legal representation on the decision-making behaviour of adjudicators.In a setting where adjudicators have reputational concerns and where the quality of lawyers is reflected in their knowledge of legal principles, we show that better information over the quality of legal representation generates a trade-off. It allows for a better match between the value of a legal dispute and the quality of the legal representation. But it induces a bias in the decisions of adjudicators in favour of the litigant with the highest-quality lawyer. For a given distribution of the quality of lawyers, the social value of public information on the quality of lawyers may then be negative.We discuss the implications of these effects on the desirability of quality certification system (such as the Queen's Counselor system) in the market for the legal professions. Certification also has the effect of increasing the incentives of lawyers to invest in quality-enhancing training. We show that free certification leads to excessive supply of certified lawyers. We also show that the main insights are robust to the accounting for proof-taking activities by lawyers.|
|Keywords||No keywords specified (fix it)|
|Categories||No categories specified (fix it)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
David B. Wilkins (2012). Some Realism About Legal Realism for Lawyers: Assessing the Role of Context in Legal Ethics. In Leslie C. Levin & Lynn M. Mather (eds.), Lawyers in Practice: Ethical Decision Making in Context. The University of Chicago Press.
Alice Woolley (2011). Legal Ethics and Regulatory Legitimacy : Regulating Lawyers for Personal Misconduct. In Reid Mortensen, Francesca Bartlett & Kieran Tranter (eds.), Alternative Perspectives on Lawyers and Legal Ethics: Reimagining the Profession. Routledge.
Joanne Stagg-Taylor (2012). Lawyers' Business: Conflicts of Duties Arising From Lawyers' Business Models. Legal Ethics 14 (2):173-192.
Cyrus Tata, In the Interests of Clients or Commerce? Legal Aid, Supply, Demand, and 'Ethical Indeterminacy' in Criminal Defence Work.
Corey S. Shdaimah (2012). Legal Services Lawyers: When Conceptions of Lawyering and Values Clash. In Leslie C. Levin & Lynn M. Mather (eds.), Lawyers in Practice: Ethical Decision Making in Context. The University of Chicago Press.
Geoffrey C. Hazard (2004). Legal Ethics: A Comparative Study. Stanford University Press.
M. B. E. Smith (1990). Should Lawyers Listen to Philosophers About Legal Ethics? Law and Philosophy 9 (1):67 - 93.
Luuk Matthijssen (1998). A Task-Based Interface to Legal Databases. Artificial Intelligence and Law 6 (1).
Added to index2009-01-28
Total downloads2 ( #232,575 of 549,119 )
Recent downloads (6 months)0
How can I increase my downloads?