An Empirical Study of the Economics of Pretrial Discovery

An Empirical Study of the Economics of Pretrial Discovery
Author: George B. Shepherd
Publisher:
Total Pages: 0
Release: 2004
Genre:
ISBN:

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The paper investigates the pretrial discovery process empirically. Using data from an interview survey of both attorneys in 369 federal civil cases, I identify factors that determine cases' discovery levels. The four main results suggest an overriding pattern: In the discovery process, plaintiffs behave differently from defendants. First, plaintiffs tend to conduct fundamentals discovery: The plaintiff chooses an amount of discovery by examining a case's underlying fundamentals, such as the amount at stake or the number of factual issues. The plaintiff does not increase her discovery in response to increased discovery by the defendant. Second, in contrast, the defendant's choice of discovery amount tends not to rely on fundamentals. Instead, the defendant chooses an amount that mirrors the plaintiff's amount, counter-punching in response to whatever discovery the plaintiff conducts. Third, the plaintiff and defendant respond to their adversary's apparently excessive discovery requests differently. If the plaintiff appears to have conducted excessive discovery, then the defendant retaliates: The defendant responds by conducting more discovery than she otherwise would have, almost exactly tit-for-tat. In contrast, the plaintiff responds to the defendant's apparent discovery aggression by retreating: The plaintiff conducts less discovery than otherwise. The litigants' behaviors of counter-punching, retaliating, and retreating demonstrate the interdependence of the amounts of discovery that each litigant seeks. Fourth, the nature of an attorney's fee arrangement influences the attorney's discovery behavior substantially. A litigant's discovery behavior also responds to characteristics of both the litigant and the adversary.

The Conflict of Jurisdictions

The Conflict of Jurisdictions
Author: Michael Adams
Publisher:
Total Pages: 45
Release: 1991
Genre: Costs (Law)
ISBN:

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The Legal and Economic Implications of Electronic Discovery

The Legal and Economic Implications of Electronic Discovery
Author: James N. Dertouzos
Publisher:
Total Pages: 39
Release: 2008
Genre: Electronic discovery (Law)
ISBN: 9780833044945

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Pretrial discovery?the exchange of relevant information between litigants?is central to the American civil legal process. As computer technologies continue to develop, concerns have arisen that, because of the sheer volume of electronically stored information, requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. For example, concerns about e-discovery may cause businesses to alter the ways in which they track and store information, or they may make certain types of plain.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

United States Attorneys' Manual

United States Attorneys' Manual
Author: United States. Department of Justice
Publisher:
Total Pages:
Release: 1988
Genre: Justice, Administration of
ISBN:

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Foundations of Economic Analysis of Law

Foundations of Economic Analysis of Law
Author: Steven Shavell
Publisher: Harvard University Press
Total Pages: 760
Release: 2009-07-01
Genre: Law
ISBN: 0674043499

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What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Michigan Court Rules

Michigan Court Rules
Author: Kelly Stephen Searl
Publisher:
Total Pages: 520
Release: 1922
Genre: Court rules
ISBN:

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Litigation Economics

Litigation Economics
Author: Patrick A. Gaughan
Publisher: Emerald Group Publishing
Total Pages: 291
Release: 1993
Genre: Law
ISBN: 9781559387569

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This volume discusses such topics in the field of litigation economics as forensic economics, estimating damages in personal injury and wrongful death cases, forecasting medical costs in tort cases and economic analysis of business interruption losses

Research Handbook on Economic Models of Law

Research Handbook on Economic Models of Law
Author: Thomas J. Micell
Publisher: Edward Elgar Publishing
Total Pages: 383
Release: 2013-12-27
Genre: Law
ISBN: 1781000158

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øOne of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art