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NCJRS Abstract

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NCJ Number: 93800 Find in a Library
Title: Lawyers' Choice - A Theoretical Appraisal of Litigation Investment Decisions
Journal: Law and Society Review  Volume:15  Issue:3-4  Dated:(1980-81)  Pages:567-610,883-910
Author(s): E Johnson
Date Published: 1981
Page Count: 72
Format: Article
Language: English
Country: United States of America
Annotation: This article explores economic determinants of lawyer behavior which in turn shape basic decisions affecting their clients in such areas as whether to file litigation, how much discovery to employ, whether to accept a settlement offer, and the like.
Abstract: Three methods of compensating lawyers are identified: fee-for-service, contingent-fee, and third-party payment. It is hypothesized that each of these methods creates very different configurations of economic incentives, some of which conflict with the best interests of clients. The possibilities for maximizing various of these economic goals are discussed along with the limits -- economic and noneconomic -- on such behavior. Finally, the article suggests some potential applications of this analysis for public policy and further research. (Publisher abstract)
Index Term(s): Allocution; Attorneys; Legal fees
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