IDEAS home Printed from https://ideas.repec.org/a/wly/empleg/v8y2011i3p587-612.html
   My bibliography  Save this article

Legal Aid and Legal Expenses Insurance, Complements or Substitutes? The Case of the Netherlands

Author

Listed:
  • Ben C. J. van Velthoven
  • Carolien M. Klein Haarhuis

Abstract

This article is an empirical study of the interrelationship between (subsidized) legal aid and legal expenses insurance (LEI) in the Netherlands. Is LEI a system that is relevant only to the high‐income groups that are not eligible for legal aid? Is it therefore a complement to legal aid? Or is LEI also of interest to lower‐income groups, and can it serve as a substitute? Our analysis is based on data from the second wave of the Dutch Paths to Justice Survey held in 2009. We first study how the holdership of LEI policies is distributed among the population in general and among income classes in particular. We then discuss how the incidence of justiciable problems interrelates with the possession of LEI. Next, we study how the possession of LEI affects the responses to justiciable problems. Do people take action? Do they seek legal advice? From which sources? Finally, we take a look at the results. Comparing the respondents with and without LEI in various income classes, we try to answer the central question: Complement or substitute? We conclude that a shift from legal aid to LEI has some clear disadvantages for low‐income citizens, but these may well be compensated for by some important advantages, brought to the fore by our empirical data.

Suggested Citation

  • Ben C. J. van Velthoven & Carolien M. Klein Haarhuis, 2011. "Legal Aid and Legal Expenses Insurance, Complements or Substitutes? The Case of the Netherlands," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(3), pages 587-612, September.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:3:p:587-612
    DOI: 10.1111/j.1740-1461.2011.01221.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1740-1461.2011.01221.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1740-1461.2011.01221.x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Heyes, Anthony & Rickman, Neil & Tzavara, Dionisia, 2004. "Legal expenses insurance, risk aversion and litigation," International Review of Law and Economics, Elsevier, vol. 24(1), pages 107-119, March.
    2. Baik, Kyung Hwan & Kim, In-Gyu, 2007. "Contingent fees versus legal expenses insurance," International Review of Law and Economics, Elsevier, vol. 27(3), pages 351-361, September.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Sandra Zwier, 2021. "Insurance-based marketing (IBM): a prevalent marketing strategy," Journal of Financial Services Marketing, Palgrave Macmillan, vol. 26(3), pages 160-168, September.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Anne Duchêne, 2017. "Patent Litigation Insurance," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 84(2), pages 631-660, June.
    2. Qiao, Yue, 2013. "Legal effort and optimal legal expenses insurance," Economic Modelling, Elsevier, vol. 32(C), pages 179-189.
    3. Qiao Yue, 2010. "Legal-Expenses Insurance and Settlement," Asian Journal of Law and Economics, De Gruyter, vol. 1(1), pages 1-19, July.
    4. Julia Shamir & Noam Shamir, 2021. "Third-party funding in a sequential litigation process," European Journal of Law and Economics, Springer, vol. 52(1), pages 169-202, August.
    5. Lydie Ancelot & Cornel Oros, 2015. "Physician–patient relationship and medical accident victim compensation: some insights into the French regulatory system," The European Journal of Health Economics, Springer;Deutsche Gesellschaft für Gesundheitsökonomie (DGGÖ), vol. 16(5), pages 529-542, June.
    6. Narang Prashant, 2011. "Regulatory Barriers to Litigation in India," Asian Journal of Law and Economics, De Gruyter, vol. 2(3), pages 1-16, October.
    7. Sung-Hoon Park & Chad E. Settle, 2023. "Asymmetric Reimbursement and Contingent Fees in Environmental Conflicts: Observable vs. Unobservable Contracts," Games, MDPI, vol. 14(4), pages 1-10, July.
    8. Florian Baumann & Tim Friehe, 2012. "Emotions in litigation contests," Economics of Governance, Springer, vol. 13(3), pages 195-215, September.
    9. Yannick Gabuthy & Pierre-Henri Morand, 2019. "Lawyer Fee Arrangements and Litigation Outcomes: An Auction-Theoretic Perspective," Working Papers of BETA 2019-03, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
    10. Deffains, Bruno & Desrieux, Claudine, 2015. "To litigate or not to litigate? The impacts of third-party financing on litigation," International Review of Law and Economics, Elsevier, vol. 43(C), pages 178-189.
    11. Yang Xi & Qiao Yue, 2019. "Judicial Reform in China: From the Perspective of Legal Fee Arrangements," Asian Journal of Law and Economics, De Gruyter, vol. 10(3), pages 1-10, December.
    12. Baik, Kyung Hwan & Kim, In-Gyu, 2007. "Contingent fees versus legal expenses insurance," International Review of Law and Economics, Elsevier, vol. 27(3), pages 351-361, September.
    13. Morin Chassé, Rémi, 2019. "Strategic behavior in environmental contests with asymmetric ability and reimbursement," International Review of Law and Economics, Elsevier, vol. 58(C), pages 115-126.
    14. Bernhard Ganglmair & Christian Helmers & Brian J Love, 2022. "The Effect of Patent Litigation Insurance: Theory and Evidence from NPEs [“Valuable Patents]," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 38(3), pages 741-773.
    15. Wladislaw Mill & Jonathan Staebler, 2023. "Spite in Litigation," CRC TR 224 Discussion Paper Series crctr224_2023_401, University of Bonn and University of Mannheim, Germany.
    16. Sung-Hoon Park & Chad Settle, 2022. "Internalizing environmental damages and endogenous reimbursement in environmental conflicts: a game-theoretic analysis," International Review of Economics, Springer;Happiness Economics and Interpersonal Relations (HEIRS), vol. 69(4), pages 547-569, December.
    17. J.J. Prescott & Kathryn E. Spier & Albert Yoon, 2014. "Trial and Settlement: A Study of High-Low Agreements," NBER Working Papers 19873, National Bureau of Economic Research, Inc.
    18. Friehe, Tim, 2010. "Contingent fees and legal expenses insurance: Comparison for varying defendant fault," International Review of Law and Economics, Elsevier, vol. 30(4), pages 283-290, December.
    19. Florian Baumann & Tim Friehe, 2012. "Contingent fees meet the British rule: an exploratory study," Public Choice, Springer, vol. 150(3), pages 499-510, March.
    20. Lambert Eve-Angéline & Chappe Nathalie, 2014. "Litigation with Legal Aid versus Litigation with Contingent/Conditional Fees," Review of Law & Economics, De Gruyter, vol. 10(1), pages 95-115, March.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:empleg:v:8:y:2011:i:3:p:587-612. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1740-1461 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.