Download Free The Economics Of Pretrial Discovery Book in PDF and EPUB Free Download. You can read online The Economics Of Pretrial Discovery and write the review.

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.
Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.
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.
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.
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
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