Strategic Decisions on Lawyers' Compensations in Civil Disputes
AbstractWe study a model of civil dispute with delegation in which a plaintiff's lawyer works on a contingent fee basis but a defendant's lawyer on an hourly fee basis. We first derive the conditions under which delegation to the lawyers brings both the plaintiff and defendant more payoffs, compared to the case of no delegation. We then show: (i) one third of the award as a contingent fee is strategically determined and indeed an equilibrium outcome; (ii) delegation reduces the total legal expenditures; (iii) the plaintiff wants to stick with the contingent fee scheme as long as the defendant chooses the hourly fee scheme; (iv) the plaintiff prefers the American practice of contingent fees to the European practice with legal cost insurance where contingent fees are absent; and (v) the American practice usually incurs less legal expenditures than the European one.
Download InfoTo our knowledge, this item is not available for download. To find whether it is available, there are three options:
1. Check below under "Related research" whether another version of this item is available online.
2. Check on the provider's web page whether it is in fact available.
3. Perform a search for a similarly titled item that would be available.
Bibliographic InfoPaper provided by Econometric Society in its series Econometric Society 2004 Far Eastern Meetings with number 566.
Date of creation: 11 Aug 2004
Date of revision:
Contact details of provider:
Phone: 1 212 998 3820
Fax: 1 212 995 4487
Web page: http://www.econometricsociety.org/pastmeetings.asp
More information through EDIRC
Delegation; Civil disputes; Contingent and hourly fees;
Find related papers by JEL classification:
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability
- D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Christopher F. Baum).
If references are entirely missing, you can add them using this form.