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Legal Aid and Legal Expenses Insurance, Complements or Substitutes? The Case of the Netherlands

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  • Ben C. J. van Velthoven
  • Carolien M. Klein Haarhuis

Abstract

This article is an empirical study of the interrelationship between (subsidized) legal aid and legal expenses insurance (LEI) in the Netherlands. Is LEI a system that is relevant only to the high‐income groups that are not eligible for legal aid? Is it therefore a complement to legal aid? Or is LEI also of interest to lower‐income groups, and can it serve as a substitute? Our analysis is based on data from the second wave of the Dutch Paths to Justice Survey held in 2009. We first study how the holdership of LEI policies is distributed among the population in general and among income classes in particular. We then discuss how the incidence of justiciable problems interrelates with the possession of LEI. Next, we study how the possession of LEI affects the responses to justiciable problems. Do people take action? Do they seek legal advice? From which sources? Finally, we take a look at the results. Comparing the respondents with and without LEI in various income classes, we try to answer the central question: Complement or substitute? We conclude that a shift from legal aid to LEI has some clear disadvantages for low‐income citizens, but these may well be compensated for by some important advantages, brought to the fore by our empirical data.

Suggested Citation

  • Ben C. J. van Velthoven & Carolien M. Klein Haarhuis, 2011. "Legal Aid and Legal Expenses Insurance, Complements or Substitutes? The Case of the Netherlands," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(3), pages 587-612, September.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:3:p:587-612
    DOI: 10.1111/j.1740-1461.2011.01221.x
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    References listed on IDEAS

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    1. Heyes, Anthony & Rickman, Neil & Tzavara, Dionisia, 2004. "Legal expenses insurance, risk aversion and litigation," International Review of Law and Economics, Elsevier, vol. 24(1), pages 107-119, March.
    2. Baik, Kyung Hwan & Kim, In-Gyu, 2007. "Contingent fees versus legal expenses insurance," International Review of Law and Economics, Elsevier, vol. 27(3), pages 351-361, September.
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    Cited by:

    1. Sandra Zwier, 2021. "Insurance-based marketing (IBM): a prevalent marketing strategy," Journal of Financial Services Marketing, Palgrave Macmillan, vol. 26(3), pages 160-168, September.

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