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Disclosure and Legal Advice

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  • Yeon-Koo Che
  • Sergei Severinov

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 the strategies of disclosing all favorable evidence. A lawyer's advice can influence the outcome in his client's favor, either if (s)he can credibly advise his client to suppress some favorable evidence or if legal advice is costly. The effect is socially undesirable in the former case, but it is desirable in the latter case. Our results provide a general perspective for understanding the role of private information and expert advice in disclosure.

Suggested Citation

  • Yeon-Koo Che & Sergei Severinov, 2017. "Disclosure and Legal Advice," American Economic Journal: Microeconomics, American Economic Association, vol. 9(2), pages 188-225, May.
    • Handle: RePEc:aea:aejmic:v:9:y:2017:i:2:p:188-225
    Note: DOI: 10.1257/mic.20140272
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    References listed on IDEAS

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    Cited by:

    1. Evans, R., Reiche, S. & Reiche, S., 2022. "When is a Contrarian Adviser Optimal?," Cambridge Working Papers in Economics 2222, Faculty of Economics, University of Cambridge.
    2. Jesse Bull & Joel Watson, 2019. "Statistical evidence and the problem of robust litigation," RAND Journal of Economics, RAND Corporation, vol. 50(4), pages 974-1003, December.
    3. Martin Richardson, 2021. "Of hired guns and ideologues: why would a law firm ever retain an honest expert witness?," ANU Working Papers in Economics and Econometrics 2021-678, Australian National University, College of Business and Economics, School of Economics.

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    More about this item

    JEL classification:

    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • D71 - Microeconomics - - Analysis of Collective Decision-Making - - - Social Choice; Clubs; Committees; Associations
    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design

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