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||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Some Realism About Legal Realism for Lawyers: Assessing the Role of Context in Legal Ethics.David B. Wilkins - 2012 - In Leslie C. Levin & Lynn M. Mather (eds.), Lawyers in Practice: Ethical Decision Making in Context. University of Chicago Press. pp. 25.
Legal Ethics and Regulatory Legitimacy : Regulating Lawyers for Personal Misconduct.Alice Woolley - 2011 - In Reid Mortensen, Francesca Bartlett & Kieran Tranter (eds.), Alternative Perspectives on Lawyers and Legal Ethics: Reimagining the Profession. Routledge.
Lawyers' Business: Conflicts of Duties Arising From Lawyers' Business Models.Joanne Stagg-Taylor - 2011 - Legal Ethics 14 (2):173-192.
Legal Ethics and Legal Practice: Contemporary Issues.Stephen Parker (ed.) - 1996 - Clarendon Press.
In the Interests of Clients or Commerce? Legal Aid, Supply, Demand, and 'Ethical Indeterminacy' in Criminal Defence Work.Cyrus Tata - manuscript
Legal Services Lawyers: When Conceptions of Lawyering and Values Clash.Corey S. Shdaimah - 2012 - In Leslie C. Levin & Lynn M. Mather (eds.), Lawyers in Practice: Ethical Decision Making in Context. University of Chicago Press. pp. 317.
Should Lawyers Listen to Philosophers About Legal Ethics?M. B. E. Smith - 1990 - Law and Philosophy 9 (1):67 - 93.
Added to index2009-01-28
Total downloads2 ( #768,173 of 2,168,195 )
Recent downloads (6 months)0
How can I increase my downloads?