Contingent fees and legal expenses insurance: Comparison for varying defendant fault
AbstractThis paper studies the impact of varying defendant fault on the comparison of litigation outcomes under the contingent fee regime and the legal expenses insurance regime. The criteria for regime comparison are: (i) expected plaintiff payoffs, (ii) plaintiff and defendant expenditures, (iii) total contest effort, (iv) incentives for delegation, and (v) justice. We find that the performance of both regimes is highly dependent on defendant fault and this serves to sharpen the analysis to current literature.
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Bibliographic InfoArticle provided by Elsevier in its journal International Review of Law and Economics.
Volume (Year): 30 (2010)
Issue (Month): 4 (December)
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Web page: http://www.elsevier.com/locate/irle
Contingent fees Legal expenses insurance Hourly fees Litigation contest;
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