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Conflit d'intérêt économique entre avocats et clients : la questions des honoraires

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Abstract

In the line of the agency question, the lawyer/client relationship cannot escape the risk of conflict of interests. This text broadly redefines the nature of this conflict, and links it to an important source of tension, i.e. fees. We study three types of billing : contingency fees, hourly, and alternative billing. Besides billing structures, we examine their influence on this latent conflict, and propose a few ways of managing and preventing tensions.

Suggested Citation

  • Lempereur , Alain & Scodellaro, Mathieu, 2003. "Conflit d'intérêt économique entre avocats et clients : la questions des honoraires," ESSEC Working Papers DR 03006, ESSEC Research Center, ESSEC Business School.
    • Handle: RePEc:ebg:essewp:dr-03006
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    More about this item

    Keywords

    Agency question; Principal/agent tension; Lawyer; Conflict of interests; Tension management; Billing structure; Contingency fees; Hourly billing; Alternative billing;
    All these keywords.

    JEL classification:

    • D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances; Revolutions
    • E24 - Macroeconomics and Monetary Economics - - Consumption, Saving, Production, Employment, and Investment - - - Employment; Unemployment; Wages; Intergenerational Income Distribution; Aggregate Human Capital; Aggregate Labor Productivity
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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