Skip to main content
Article thumbnail
Location of Repository

On the Value of Legal Representation

By Yeon-koo Che and Sergei Severinov

Abstract

In this paper we investigate 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 the effect. Despite lawyers ’ expertise in assessing the evidence, their advice is found to have no effect on adjudication in a broad set of circumstances, if legal advice is costless and the lawyers follow undominated strategies in disclosure. A lawyer’s advice can influence the outcome to his client’s favor, either if he can credibly advise his client to suppress some favorable evidence or if there is a cost associated with legal advice. The effect is socially undesirable in the former case, but it is desirable in the latter case although the benefit rests on its purely dissipative role as a “money burning” device rather than on his expertise

Topics: Legal advice, disclosure of evidence, burden of proof allocation, regulating adjudicators
Year: 2005
OAI identifier: oai:CiteSeerX.psu:10.1.1.183.8825
Provided by: CiteSeerX
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • http://citeseerx.ist.psu.edu/v... (external link)
  • http://www.columbia.edu/cu/eco... (external link)
  • Suggested articles


    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.