IDEAS home Printed from https://ideas.repec.org/b/elg/eebook/14803.html
   My bibliography  Save this book

Lawyers, Markets and Regulation

Author

Listed:
  • Frank H. Stephen

Abstract

Frank H. Stephen’s evaluation of public policy on the legal profession in UK and European jurisdictions explores how regulation and self-regulation have been liberalized over the past 30 years. The book surveys where the most recent and radical liberalization involving the ownership of law firms by non-lawyers is likely to lead, and appraises the economic literature on the costs and benefits of regulating markets for professional services. It challenges socio-legal views on professional legislation and highlights the limitations of regulatory competition, as well as the importance of dominant business models. The author reviews the empirical work underpinning these theories and policies. He also evaluates the effectiveness of regulatory competition as a response to regulatory capture.

Individual chapters are listed in the "Chapters" tab

Suggested Citation

  • Frank H. Stephen, 2013. "Lawyers, Markets and Regulation," Books, Edward Elgar Publishing, number 14803.
  • Handle: RePEc:elg:eebook:14803
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/view/9781781002674.xml
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Fama, Eugene F & Jensen, Michael C, 1983. "Agency Problems and Residual Claims," Journal of Law and Economics, University of Chicago Press, vol. 26(2), pages 327-349, June.
    2. Winand Emons, 2007. "Conditional versus contingent fees," Oxford Economic Papers, Oxford University Press, vol. 59(1), pages 89-101, January.
    3. Rickman, Neil, 1994. "The Economics of Contingency Fees in Personal Injury Litigation," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 10(1), pages 34-50, Spring.
    4. Stephen, Frank H. & Love, James H. & Gillanders, Derek D. & Paterson, Alan A., 1992. "Testing for price discrimination in the market for conveyancing services," International Review of Law and Economics, Elsevier, vol. 12(3), pages 397-404, September.
    5. 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.
    6. Miceli, Thomas J & Segerson, Kathleen, 1991. "Contingent Fees for Lawyers: The Impact on Litigation and Accident Prevention," The Journal of Legal Studies, University of Chicago Press, vol. 20(2), pages 381-399, June.
    7. 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.
    8. Stephen, Frank H. & Fazio, Giorgio & Tata, Cyrus, 2008. "Incentives, criminal defence lawyers and plea bargaining," International Review of Law and Economics, Elsevier, vol. 28(3), pages 212-219, September.
    9. Schroeter, John R. & Cox, Steven R. & Smith, Scott L., 1986. "Attorney Advertising and the Quality of Routine Legal Services," Staff General Research Papers Archive 11118, Iowa State University, Department of Economics.
    10. Leland, Hayne E, 1979. "Quacks, Lemons, and Licensing: A Theory of Minimum Quality Standards," Journal of Political Economy, University of Chicago Press, vol. 87(6), pages 1328-1346, December.
    11. Avner Shared & John Sutton, 1981. "The Self-Regulating Profession," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 48(2), pages 217-234.
    12. Gravelle, Hugh & Waterson, Michael, 1993. "No Win, No Fee: Some Economics of Contingent Legal Fees," Economic Journal, Royal Economic Society, vol. 103(420), pages 1205-1220, September.
    13. 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.
    14. Benham, Lee & Benham, Alexandra, 1975. "Regulating Through the Professions: A Perspective on Information Control," Journal of Law and Economics, University of Chicago Press, vol. 18(2), pages 421-447, October.
    15. 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.
    16. William P. Rogerson, 1988. "Price Advertising and the Deterioration of Product Quality," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 55(2), pages 215-229.
    17. 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.
    18. 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.
    19. Carr, Jack L & Mathewson, G Frank, 1991. "Unlimited Liability and Law Firm Organization: Tax Factors and the Direction of Causation: Reply," Journal of Political Economy, University of Chicago Press, vol. 99(2), pages 426-428, April.
    20. John A. Rizzo & Richard J. Zeckhauser, 1992. "Advertising and the Price, Quantity, and Quality of Primary Care Physician Services," Journal of Human Resources, University of Wisconsin Press, vol. 27(3), pages 381-421.
    21. Stone, Michael P. & Miceli, Thomas J., 2012. "Optimal attorney advertising," International Review of Law and Economics, Elsevier, vol. 32(3), pages 329-338.
    22. W. Kip Viscusi & Joseph E. Harrington & John M. Vernon, 2005. "Economics of Regulation and Antitrust, 4th Edition," MIT Press Books, The MIT Press, edition 4, volume 1, number 026222075x, April.
    23. Lynk, William J, 1990. "The Courts and the Market: An Economic Analysis of Contingent Fees in Class-Action Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 19(1), pages 247-260, January.
    24. George A. Akerlof, 1970. "The Market for "Lemons": Quality Uncertainty and the Market Mechanism," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 84(3), pages 488-500.
    25. Emons, Winand, 2000. "Expertise, contingent fees, and insufficient attorney effort," International Review of Law and Economics, Elsevier, vol. 20(1), pages 21-33, March.
    26. Shinnick, Edward & Stephen, Frank H., 2000. "Professional cartels and scale fees: chiselling on the celtic fringe?," International Review of Law and Economics, Elsevier, vol. 20(4), pages 407-423, December.
    27. Joseph M. Fisher, 1988. "Contingent And Noncontingent Attorneys' Fees In Personal Injury Cases," Contemporary Economic Policy, Western Economic Association International, vol. 6(3), pages 108-121, July.
    28. Sykes, Alan O, 1993. "Some Thoughts on the Real Estate Puzzle: Comment [Commissions and Conflicts in Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, and Other Agents' Rewards]," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 541-551, April.
    29. Kwoka, John E, Jr, 1984. "Advertising and the Price and Quality of Optometric Services," American Economic Review, American Economic Association, vol. 74(1), pages 211-216, March.
    30. Pashigian, B Peter, 1979. "Occupational Licensing and the Interstate Mobility of Professionals," Journal of Law and Economics, University of Chicago Press, vol. 22(1), pages 1-25, April.
    31. Gilson, Ronald J, 1991. "Unlimited Liability and Law Firm Organization: Tax Factors and the Direction of Causation," Journal of Political Economy, University of Chicago Press, vol. 99(2), pages 420-425, April.
    32. Simon Domberger & Avrom Sherr, 1987. "Competition in conveyancing: an analysis of solicitors' charges," Fiscal Studies, Institute for Fiscal Studies, vol. 8(3), pages 17-28, August.
    33. Winston, Clifford, 1993. "Economic Deregulation: Days of Reckoning for Microeconomists," Journal of Economic Literature, American Economic Association, vol. 31(3), pages 1263-1289, September.
    34. Carr, Jack L & Mathewson, G Frank, 1988. "Unlimited Liability as a Barrier to Entry," Journal of Political Economy, University of Chicago Press, vol. 96(4), pages 766-784, August.
    35. Pagliero, Mario, 2011. "What is the objective of professional licensing? Evidence from the US market for lawyers," International Journal of Industrial Organization, Elsevier, vol. 29(4), pages 473-483, July.
    36. Lueck, Dean & Olsen, Reed & Ransom, Michael, 1995. "Market and Regulatory Forces in the Pricing of Legal Services," Journal of Regulatory Economics, Springer, vol. 7(1), pages 63-83, January.
    37. Klein, Benjamin & Leffler, Keith B, 1981. "The Role of Market Forces in Assuring Contractual Performance," Journal of Political Economy, University of Chicago Press, vol. 89(4), pages 615-641, August.
    38. 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.
    39. Thomason, Terry, 1991. "Are Attorneys Paid What They're Worth? Contingent Fees and the Settlement Process," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 187-223, January.
    40. Milton Friedman & Simon Kuznets, 1945. "Income from Independent Professional Practice," NBER Books, National Bureau of Economic Research, Inc, number frie54-1.
    41. Roger Clarke & Stephen Davies & Nigel Driffield, 1998. "Monopoly Policy in the UK," Books, Edward Elgar Publishing, number 1254.
    42. Leffler, Keith B, 1978. "Physician Licensure: Competition and Monopoly in American Medicine," Journal of Law and Economics, University of Chicago Press, vol. 21(1), pages 165-186, April.
    43. Darby, Michael R & Karni, Edi, 1973. "Free Competition and the Optimal Amount of Fraud," Journal of Law and Economics, University of Chicago Press, vol. 16(1), pages 67-88, April.
    44. Demsetz, Harold, 1969. "Information and Efficiency: Another Viewpoint," Journal of Law and Economics, University of Chicago Press, vol. 12(1), pages 1-22, April.
    45. Levmore, Saul, 1993. "Commissions and Conflicts in Agency Arrangements: Lawyers, Real Estate Brokers, Underwriters, and Other Agents' Rewards," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 503-539, April.
    46. Cox, Steven R & DeSerpa, Allan C & Canby, William C, Jr, 1982. "Consumer Information and the Pricing of Legal Services," Journal of Industrial Economics, Wiley Blackwell, vol. 30(3), pages 305-318, March.
    47. Shaked, Avner & Sutton, John, 1981. "Heterogeneous consumers and product differentiation in a market for professional services," European Economic Review, Elsevier, vol. 15(2), pages 159-177.
    48. James Love & Frank Stephen, 1996. "Advertising, Price and Quality in Self-regulating Professions: A Survey," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 3(2), pages 227-248.
    49. Williamson, Oliver E, 1983. "Credible Commitments: Using Hostages to Support Exchange," American Economic Review, American Economic Association, vol. 73(4), pages 519-540, September.
    50. Schroeter, John R & Smith, Scott L & Cox, Steven R, 1987. "Advertising and Competition in Routine Legal Service Markets: An Empirical Investigation," Journal of Industrial Economics, Wiley Blackwell, vol. 36(1), pages 49-60, September.
    51. Patricia Munch Danzon, 1983. "Contingent Fees for Personal Injury Litigation," Bell Journal of Economics, The RAND Corporation, vol. 14(1), pages 213-224, Spring.
    52. Frank H. Stephen, 2002. "The European single market and the regulation of the legal profession: an economic analysis," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 23(3), pages 115-125.
    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. Garoupa, Nuno, 2014. "Globalization and deregulation of legal services," International Review of Law and Economics, Elsevier, vol. 38(S), pages 77-86.
    2. Romain Espinosa & Claudine Desrieux & Hengrui Wan, 2017. "Fewer courts, less justice? Evidence from the 2008 French reform of labor courts," Post-Print halshs-01634211, HAL.

    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. Camille Chaserant & Sophie Harnay, 2013. "The regulation of quality in the market for legal services: Taking the heterogeneity of legal services seriously," European Journal of Comparative Economics, Cattaneo University (LIUC), vol. 10(2), pages 267-291, August.
    2. Camille Chaserant & Sophie Harnay, 2010. "Déréglementer la profession d’avocat ? Les apories de l’analyse économique," Working Papers hal-04140922, HAL.
    3. Winand Emons & Nuno Garoupa, 2004. "The Economics of US-style Contingent Fees and UK-style Conditional Fees," Diskussionsschriften dp0407, Universitaet Bern, Departement Volkswirtschaft.
    4. Stone, Michael P. & Miceli, Thomas J., 2012. "Optimal attorney advertising," International Review of Law and Economics, Elsevier, vol. 32(3), pages 329-338.
    5. Nuno Garoupa & Fernando Gómez, 2002. "Cashing by the hour: Why large law firms prefer hourly fees over contingent fees," Economics Working Papers 639, Department of Economics and Business, Universitat Pompeu Fabra.
    6. 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.
    7. Eyal Zamir & Ilana Ritov, 2010. "Revisiting the Debate over Attorneys' Contingent Fees: A Behavioral Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 39(1), pages 245-288, January.
    8. Amy Fanner & Paul Pecorino, 2005. "Dispute Rates and Contingency Fees: An Analysis from the Signaling Model," Southern Economic Journal, John Wiley & Sons, vol. 71(3), pages 566-581, January.
    9. Yun-chien Chang & Su-hao Tu, 2020. "Two-way selection between flat-fee attorneys and litigants: theoretical and empirical analyses," European Journal of Law and Economics, Springer, vol. 49(1), pages 131-164, February.
    10. 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.
    11. 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.
    12. Winand Emons, 2007. "Conditional versus contingent fees," Oxford Economic Papers, Oxford University Press, vol. 59(1), pages 89-101, January.
    13. Kyung Hwan Baik & In‐Gyu Kim, 2007. "Strategic Decisions On Lawyers’ Compensation In Civil Disputes," Economic Inquiry, Western Economic Association International, vol. 45(4), pages 854-863, October.
    14. 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.
    15. Pagliero, Mario, 2013. "The impact of potential labor supply on licensing exam difficulty," Labour Economics, Elsevier, vol. 25(C), pages 141-152.
    16. Florian Baumann & Tim Friehe, 2012. "Contingent fees meet the British rule: an exploratory study," Public Choice, Springer, vol. 150(3), pages 499-510, March.
    17. 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.
    18. Gabuthy, Yannick & Peterle, Emmanuel & Tisserand, Jean-Christian, 2021. "Legal Fees, Cost-Shifting Rules and Litigation: Experimental Evidence," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 93(C).
    19. Lorenzo Sacconi, 2011. "The case against lawyers’ contingent fees and the misapplication of principal-agent models," European Journal of Law and Economics, Springer, vol. 32(2), pages 263-292, October.
    20. Ayouni, Mehdi & Friehe, Tim & Gabuthy, Yannick, 2024. "Bayesian persuasion in lawyer–client communication," International Review of Law and Economics, Elsevier, vol. 78(C).

    Book Chapters

    The following chapters of this book are listed in IDEAS

    More about this item

    Keywords

    Economics and Finance; Law - Academic;

    JEL classification:

    • B4 - Schools of Economic Thought and Methodology - - Economic Methodology

    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:elg:eebook:14803. 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: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    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.