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Lawyer Advising in Evidence Disclosure

Author

Listed:
  • Che, Yeon-Koo
  • Severinov, Sergei

Abstract

This paper examines how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of these effects. Despite lawyers' expertise in assessing the evidence, their advice is found to have no effect on adjudication, if the lawyers follow disclosure strategies that are undominated in a certain sense. A lawyer's advice can influence the outcome to his client's favor, if he can credibly advise his client to suppress some favorable evidence, but this effect is socially undesirable.

Suggested Citation

  • Che, Yeon-Koo & Severinov, Sergei, 2007. "Lawyer Advising in Evidence Disclosure," MPRA Paper 6101, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:6101
    as

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    File URL: https://mpra.ub.uni-muenchen.de/6101/1/MPRA_paper_6101.pdf
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    References listed on IDEAS

    as
    1. Lewis, Tracy R & Poitevin, Michel, 1997. "Disclosure of Information in Regulatory Proceedings," Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(1), pages 50-73, April.
    2. Grossman, Sanford J, 1981. "The Informational Role of Warranties and Private Disclosure about Product Quality," Journal of Law and Economics, University of Chicago Press, vol. 24(3), pages 461-483, December.
    3. Hyun Song Shin, 1998. "Adversarial and Inquisitorial Procedures in Arbitration," RAND Journal of Economics, The RAND Corporation, vol. 29(2), pages 378-405, Summer.
    4. Lipman Barton L. & Seppi Duane J., 1995. "Robust Inference in Communication Games with Partial Provability," Journal of Economic Theory, Elsevier, vol. 66(2), pages 370-405, August.
    5. Hay, Bruce L & Spier, Kathryn E, 1997. "Burdens of Proof in Civil Litigation: An Economic Perspective," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 413-431, June.
    6. Bernardo, Antonio E & Talley, Eric & Welch, Ivo, 2000. "A Theory of Legal Presumptions," Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(1), pages 1-49, April.
    7. Vijay Krishna & John Morgan, 2001. "A Model of Expertise," The Quarterly Journal of Economics, Oxford University Press, vol. 116(2), pages 747-775.
    8. Paul Milgrom & John Roberts, 1986. "Relying on the Information of Interested Parties," RAND Journal of Economics, The RAND Corporation, vol. 17(1), pages 18-32, Spring.
    9. Paul R. Milgrom, 1981. "Good News and Bad News: Representation Theorems and Applications," Bell Journal of Economics, The RAND Corporation, vol. 12(2), pages 380-391, Autumn.
    10. Daughety, Andrew F & Reinganum, Jennifer F, 2000. "On the Economics of Trials: Adversarial Process, Evidence, and Equilibrium Bias," Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(2), pages 365-394, October.
    11. Sanchirico, Chris William, 1997. "The burden of proof in civil litigation: A simple model of mechanism design," International Review of Law and Economics, Elsevier, vol. 17(3), pages 431-447, September.
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    Cited by:

    1. Josepa Miquel-Florensa, 2010. "“Tell me what you need”: signaling with limited resources," Journal of Economics, Springer, vol. 99(1), pages 1-28, February.

    More about this item

    JEL classification:

    • K0 - Law and Economics - - General
    • D8 - Microeconomics - - Information, Knowledge, and Uncertainty

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