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Are lawyers worth the cost? Legal counsel in environmental criminal court cases

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  • Earnhart, Dietrich
  • Rousseau, Sandra

Abstract

Lawyers arguably play a critical role in court proceedings. However, lawyers are expensive to hire. Defendants prosecuted by courts surely hope that legal representation by lawyer is worth the expense. This study empirically explores this trade-off by estimating the effect of legal representation on various court decisions surrounding the prosecution of individuals in environmental criminal cases in Flanders (Belgium) between 2003 and 2006. Our results apparently reveal that the presence of a lawyer meaningfully lowers the likelihoods of courts convicting a defendant and imposing monetary sanctions and prison sentences on defendants and reduces the magnitudes of monetary sanctions and prison terms. However, these benefits may not outweigh the costs of hiring a lawyer. Consequently, our results do not unequivocally demonstrate the prudence of securing legal presentation in court. Instead, conclusions depend on the benefits associated with reduced prison terms and the expected number of hours billed by the hired lawyer.

Suggested Citation

  • Earnhart, Dietrich & Rousseau, Sandra, 2019. "Are lawyers worth the cost? Legal counsel in environmental criminal court cases," International Review of Law and Economics, Elsevier, vol. 60(C).
    • Handle: RePEc:eee:irlaec:v:60:y:2019:i:c:s0144818819300274
    DOI: 10.1016/j.irle.2019.105857
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    References listed on IDEAS

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    1. Thomas Blondiau & Carole M. Billiet & Sandra Rousseau, 2015. "Comparison of criminal and administrative penalties for environmental offenses," European Journal of Law and Economics, Springer, vol. 39(1), pages 11-35, February.
    2. Nagin, Daniel & Waldfogel, Joel, 1995. "The effects of criminality and conviction on the labor market status of young British offenders," International Review of Law and Economics, Elsevier, vol. 15(1), pages 109-126, January.
    3. Deily, Mary E. & Gray, Wayne B., 1991. "Enforcement of pollution regulations in a declining industry," Journal of Environmental Economics and Management, Elsevier, vol. 21(3), pages 260-274, November.
    4. Peter Grajzl & Valentina Dimitrova-Grajzl & Katarina Zajc, 2016. "Inside post-socialist courts: the determinants of adjudicatory outcomes in Slovenian commercial disputes," European Journal of Law and Economics, Springer, vol. 41(1), pages 85-115, February.
    5. Carole Billiet & Sandra Rousseau, 2014. "How real is the threat of imprisonment for environmental crime?," European Journal of Law and Economics, Springer, vol. 37(2), pages 183-198, April.
    6. Zev J. Eigen & Yair Listokin, 2012. "Do Lawyers Really Believe Their Own Hype, and Should They? A Natural Experiment," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 239-267.
    7. Pascoe Pleasence & Nigel J. Balmer, 2007. "Changing Fortunes: Results from a Randomized Trial of the Offer of Debt Advice in England and Wales," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(3), pages 651-673, November.
    8. Wayne B. Gray, 2007. "Agency Structure and Firm Culture: OSHA, EPA, and the Steel Industry," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(3), pages 685-709, October.
    9. Itai Ater & Yehonatan Givati & Oren Rigbi, 2017. "The Economics of Rights: Does the Right to Counsel Increase Crime?," American Economic Journal: Economic Policy, American Economic Association, vol. 9(2), pages 1-27, May.
    10. Oljaca, Neda & Keeler, Andrew G & Dorfman, Jeffrey, 1998. "Penalty Functions for Environmental Violations: Evidence from Water Quality Enforcement," Journal of Regulatory Economics, Springer, vol. 14(3), pages 255-264, November.
    11. Kuo‐Chang Huang, 2008. "How Legal Representation Affects Case Outcomes: An Empirical Perspective from Taiwan," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(2), pages 197-238, June.
    12. Polinsky, Mitchell & Shavell, Steven, 1979. "The Optimal Tradeoff between the Probability and Magnitude of Fines," American Economic Review, American Economic Association, vol. 69(5), pages 880-891, December.
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