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Bayesian persuasion in lawyer–client communication

Author

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  • Ayouni, Mehdi
  • Friehe, Tim
  • Gabuthy, Yannick

Abstract

When considering whether to bring a lawsuit, a plaintiff may delegate the decision to her lawyer- better informed about the case’s merits- or consult with her lawyer and decide for herself. Focusing on the latter, we assess how a lawyer communicates with his client about the case’s merits if the client relies on the lawyer’s information to decide whether to bring suit. In some circumstances, the lawyer only partially reveals the case’s merits to persuade the client to bring a suit. In addition, in anticipation of the lawyer’s strategic communication, the plaintiff sometimes adjusts her questions to the lawyer about the case’s merits. Focusing on the communication between lawyers and clients, our paper explores a new consequence of misaligned incentives between the two parties.

Suggested Citation

  • Ayouni, Mehdi & Friehe, Tim & Gabuthy, Yannick, 2024. "Bayesian persuasion in lawyer–client communication," International Review of Law and Economics, Elsevier, vol. 78(C).
    • Handle: RePEc:eee:irlaec:v:78:y:2024:i:c:s0144818824000164
    DOI: 10.1016/j.irle.2024.106196
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    References listed on IDEAS

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    1. Emir Kamenica & Matthew Gentzkow, 2011. "Bayesian Persuasion," American Economic Review, American Economic Association, vol. 101(6), pages 2590-2615, October.
    2. Grossman, Sanford J, 1981. "The Informational Role of Warranties and Private Disclosure about Product Quality," Journal of Law and Economics, University of Chicago Press, vol. 24(3), pages 461-483, December.
    3. Emons, Winand & Fluet, Claude, 2016. "Why plaintiffs’ attorneys use contingent and defense attorneys fixed fee contracts," International Review of Law and Economics, Elsevier, vol. 47(C), pages 16-23.
    4. Dana, James D, Jr & Spier, Kathryn E, 1993. "Expertise and Contingent Fees: The Role of Asymmetric Information in Attorney Compensation," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 9(2), pages 349-367, October.
    5. James Best & Daniel Quigley, 2024. "Persuasion for the Long Run," Journal of Political Economy, University of Chicago Press, vol. 132(5), pages 1740-1791.
    6. Watts, Alison, 1994. "Bargaining through an Expert Attorney," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 10(1), pages 168-186, April.
    7. Nikolaus Schweizer & Nora Szech, 2018. "Optimal Revelation of Life-Changing Information," Management Science, INFORMS, vol. 64(11), pages 5250-5262, November.
    8. Elliot Lipnowski & Doron Ravid & Denis Shishkin, 2022. "Persuasion via Weak Institutions," Journal of Political Economy, University of Chicago Press, vol. 130(10), pages 2705-2730.
    9. Hay, Bruce L, 1996. "Contingent Fees and Agency Costs," The Journal of Legal Studies, University of Chicago Press, vol. 25(2), pages 503-533, June.
    10. Paul R. Milgrom, 1981. "Good News and Bad News: Representation Theorems and Applications," Bell Journal of Economics, The RAND Corporation, vol. 12(2), pages 380-391, Autumn.
    11. Daniel F. Rubinfeld & Suzanne Scotchmer, 1993. "Contingent Fees for Attorneys: An Economic Analysis," RAND Journal of Economics, The RAND Corporation, vol. 24(3), pages 343-356, Autumn.
    12. Ayouni, Mehdi & Friehe, Tim & Gabuthy, Yannick, 2023. "Asking for information prior to settlement or trial when misrepresentation of evidence is possible," Mathematical Social Sciences, Elsevier, vol. 121(C), pages 26-35.
    13. A. Mitchell Polinsky & Daniel L. Rubinfeld, 2003. "Aligning the Interests of Lawyers and Clients," American Law and Economics Review, American Law and Economics Association, vol. 5(1), pages 165-188.
    14. Hay, Bruce L, 1997. "Optimal Contingent Fees in a World of Settlement," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 259-278, January.
    15. Daehong Min, 2021. "Correction to: Bayesian persuasion under partial commitment," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 72(3), pages 765-765, October.
    16. Claude Fluet, 2009. "Accuracy Versus Falsification Costs: The Optimal Amount of Evidence under Different Procedures," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 25(1), pages 134-156, May.
    17. Daehong Min, 2021. "Bayesian persuasion under partial commitment," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 72(3), pages 743-764, October.
    18. Camille Chaserant & Sophie Harnay, 2015. "Self-regulation of the legal profession and quality in the market for legal services: an economic analysis of lawyers’ reputation," European Journal of Law and Economics, Springer, vol. 39(2), pages 431-449, April.
    19. Emons, Winand, 2000. "Expertise, contingent fees, and insufficient attorney effort," International Review of Law and Economics, Elsevier, vol. 20(1), pages 21-33, March.
    20. Pei, Harry, 2023. "Repeated communication with private lying costs," Journal of Economic Theory, Elsevier, vol. 210(C).
    21. 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.
    22. Penélope Hernández & Zvika Neeman, 2022. "How Bayesian Persuasion Can Help Reduce Illegal Parking and Other Socially Undesirable Behavior," American Economic Journal: Microeconomics, American Economic Association, vol. 14(1), pages 186-215, February.
    23. Emir Kamenica, 2019. "Bayesian Persuasion and Information Design," Annual Review of Economics, Annual Reviews, vol. 11(1), pages 249-272, August.
    24. 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.
    25. Andrew T Little, 2023. "Bayesian explanations for persuasion," Journal of Theoretical Politics, , vol. 35(3), pages 147-181, July.
    26. Crawford, Vincent P & Sobel, Joel, 1982. "Strategic Information Transmission," Econometrica, Econometric Society, vol. 50(6), pages 1431-1451, November.
    27. Michael Spence, 1973. "Job Market Signaling," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 87(3), pages 355-374.
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    More about this item

    Keywords

    Litigation; Communication; Persuasion; Lawyer; Agency;
    All these keywords.

    JEL classification:

    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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