律师市场与法律服务中的质量层级

The market for lawyers and quality layers in legal services

RAND Journal of Economics · 2012
被引 11
人大 AFT50ABS 4

中文导读

研究了律师市场中诉讼当事人、律师和法官的战略互动,分析了法律代表价值和女王律师等质量认证体系的影响,发现声誉导致法官偏向认证律师,造成市场失衡,质量提升虽增福利但公开质量信息可能降低福利。

Abstract

We study the functioning of the market for lawyers, considering the strategic interaction among litigants, lawyers, and judges. We investigate the value of legal representation and of systems of quality certification, such as the Queen’s Counsel system. In our setting, higher quality lawyers obtain better‐quality evidence and are better able to interpret it. Judges receive information from the lawyers and have reputational concerns. We show that reputational concerns generate a decision bias in favor of certified lawyers and that this causes misallocation of lawyers at the market equilibrium. As a result, whereas a higher quality of lawyers increases welfare, public information over quality may be welfare reducing.

律师市场质量认证诉讼代理司法决策偏差