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On discovery, restricting lawyers, and the settlement rate

Author

Listed:
  • Baumann, Florian
  • Friehe, Tim

Abstract

This paper analyzes the principal-agent relationship between a plaintiff and his or her lawyer when the lawyer's investment in discovery is private information. The plaintiff uses the level of the contingency fee and potentially also restrictions on settlements to guide the lawyer's decision-making. We show that the plaintiff can increase the lawyer's investment in discovery by disallowing a settlement in the event of unsuccessful discovery, thereby reducing the pair's joint surplus. We establish that such a restriction may indeed be privately optimal for the plaintiff but can cast doubt on the social desirability of the discovery process.

Suggested Citation

  • Baumann, Florian & Friehe, Tim, 2014. "On discovery, restricting lawyers, and the settlement rate," DICE Discussion Papers 155, Heinrich Heine University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    • Handle: RePEc:zbw:dicedp:155
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    References listed on IDEAS

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    More about this item

    Keywords

    litigation; discovery; moral hazard; principal-agent relationship;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • H23 - Public Economics - - Taxation, Subsidies, and Revenue - - - Externalities; Redistributive Effects; Environmental Taxes and Subsidies

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