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English Rule and Frivolous Suits: Conditional versus Hourly Fees

Author

Listed:
  • Gabuthy Yannick

    (University of Franche-Comtè, Besançon, France)

  • Lambert Eve-Angéline

    (University of Franche-Comtè, Besançon, France)

Abstract

Under the conditional fee arrangement, a lawyer receives an upscale premium if a case is won. In this article, we develop an asymmetric information game of settlement and litigation in order to compare hourly and conditional fees with regard to their effects on the number of frivolous suits being filed, the settlement rate of cases, and the total costs of litigation. The main result shows that a conditional fee schedule improves the efficiency of the litigation process under the English fee-shifting rule by undermining frivolous plaintiffs' incentives to file suit and then reducing total expenditures. It hence provides an additional theoretical foundation for the recent switchover from hourly fees to conditional fees in the United Kingdom.

Suggested Citation

  • Gabuthy Yannick & Lambert Eve-Angéline, 2011. "English Rule and Frivolous Suits: Conditional versus Hourly Fees," Review of Law & Economics, De Gruyter, vol. 7(1), pages 72-85, April.
    • Handle: RePEc:bpj:rlecon:v:7:y:2011:i:1:n:4
    DOI: 10.2202/1555-5879.1508
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    References listed on IDEAS

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    1. Neil Rickman & Paul Fenn & Alastair Gray, 1999. "The reform of Legal Aid in England and Wales," Fiscal Studies, Institute for Fiscal Studies, vol. 20(3), pages 261-286, September.
    2. Hyde, Charles E., 2006. "Conditional versus contingent fees: Litigation expenditure incentives," International Review of Law and Economics, Elsevier, vol. 26(2), pages 180-194, June.
    3. A. Mitchell Polinsky & Daniel L. Rubinfeld, 1996. "Optimal Awards and Penalties When the Probability of Prevailing Varies Among Plaintiffs," RAND Journal of Economics, The RAND Corporation, vol. 27(2), pages 269-280, Summer.
    4. Farmer, Amy & Pecorino, Paul, 1998. "A reputation for being a nuisance: frivolous lawsuits and fee shifting in a repeated play game," International Review of Law and Economics, Elsevier, vol. 18(2), pages 147-157, June.
    5. Miceli, Thomas J, 1994. "Do Contingent Fees Promote Excessive Litigation?," The Journal of Legal Studies, University of Chicago Press, vol. 23(1), pages 211-224, January.
    6. Eric Helland, 2003. "Contingency Fees, Settlement Delay, and Low-Quality Litigation: Empirical Evidence from Two Datasets," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 19(2), pages 517-542, October.
    7. Bebchuk, Lucian Arye, 1988. "Suing Solely to Extract a Settlement Offer," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 437-450, June.
    8. Winand Emons & Nuno Garoupa, 2006. "US-style contingent fees and UK-style conditional fees: agency problems and the supply of legal services," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 27(5), pages 379-385.
    9. Jue-Shyan Wang, 2007. "Fee-Shifting Rules in Litigation with Contingency Fees," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(3), pages 519-546, October.
    10. Katz, Avery, 1990. "The effect of frivolous lawsuits on the settlement of litigation," International Review of Law and Economics, Elsevier, vol. 10(1), pages 3-27, May.
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