Do Lawyers Really Believe Their Own Hype and Should They?: A Natural Experiment

Eigen, Zev J.; Listokin, Yair

doi:10.2139/ssrn.1640062

Cited by 9 publications

(8 citation statements)

References 20 publications

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“…Admittedly, lawyers may also be overoptimistic or overconfident (Loftus and Wagenaar ; Eisenberg , 296; Goodman‐Delahunty et al. ; Eigen and Listokin ) . However, studies have shown that experts in a particular field, particularly lawyers, are less likely to be affected by these biases than their clients (Korobkin and Guthrie , 87–88, 137; Sternlight , 406–07; Wissler , 457).…”

Section: Discussionmentioning

confidence: 99%

“…they really are, so a gap may develop between the parties' respective assessments, hindering settlement (Loewenstein et al 1993, 138-39;Eisenberg 1994, 295-96;Babcock and Loewenstein 1997, 110). Admittedly, lawyers may also be overoptimistic or overconfident (Loftus and Wagenaar 1988;Eisenberg 1994, 296;Goodman-Delahunty et al 2010;Eigen and Listokin 2012). 24 However, studies have shown that experts in a particular field, particularly lawyers, are less likely to be affected by these biases than their clients (Korobkin and Guthrie 1997, 87-88, 137;Sternlight 2010, 406-07;Wissler 2010, 457).…”

Section: Imbalances Of Power In Adr 807mentioning

confidence: 99%

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Imbalances of Power in ADR: The Impact of Representation and Dispute Resolution Method on Case Outcomes

Gazal‐Ayal¹,

Perry²

2014

Law soc. inq.

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In recent decades, alternative dispute resolution processes have gained worldwide recognition, a growing role in legal practice, and increasing academic attention. Despite their professed advantages, they have also faced fierce opposition. In a seminal article, Owen Fiss argued that ADR exacerbates imbalances of power between the parties. But while the theoretical argument has been widely developed, empirical evidence has remained scant. This article empirically examines the impact of representation patterns and dispute resolution methods on case outcomes. Arguably, professional representation of weaker parties may reduce the effects of inequality, whereas less formal, transparent, and adjudicatory processes may exacerbate them. The article focuses on small claims settlement conferences, using the Israeli labor courts system as a test case. The main findings are that representation increases the probability of a successful settlement conference, and that the more formal the process, the greater the ratio between the sum obtained by the plaintiff and the sum claimed.

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Section: Discussionmentioning

confidence: 99%

Section: Imbalances Of Power In Adr 807mentioning

confidence: 99%

Imbalances of Power in ADR: The Impact of Representation and Dispute Resolution Method on Case Outcomes

Gazal‐Ayal¹,

Perry²

2014

Law soc. inq.

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“…Fourthly, cosmopolitanism promotes the ideal that individuals ought to be free from national, cultural, and political biases (Waldron, 1999;Caney, 2005;Nussbaum, 2010). Law students and individuals generally are susceptible to confirmation bias, ego-centric and self-serving biases (Adler, 2005;Eigen & Listokin, 2012;Stark & Milyavsky). This issue of bias in CLE is of particular relevance given that the SRA states that a solicitor is under an obligation to 'act with independence' (SRA, Principle 3).…”

Section: Discussionmentioning

confidence: 99%

Unregulated Immigration Law Clinics and Kant’s Cosmopolitan Right: Challenging The Political Status Quo

Madhloom

2021

IJCLE

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Unregulated law clinics in England and Wales are prohibited from directly offering immigration advice and assistance. This article argues that this restriction should not be a barrier to teaching immigration law. Kant’s duty-based ethics and his cosmopolitan right can provide a useful normative framework for challenging the political status quo in relation to the regulation of law clinics and policies affecting migrants. It is argued that introducing normative values into Clinical Legal Education can address the limitations of the conventional ‘hired-gun’ model and engender students to a more holistic approach to lawyering. In other words, a model which promotes the causes of third parties.

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“…() find strong evidence of self‐serving assessments that were correlated with settlement breakdowns and trial. Eigen and Listokin () find evidence of optimism bias in a natural experiment where subjects were randomly assigned sides in moot court cases. These experimental findings are not consistent with asymmetric information.…”

Section: Introductionmentioning

confidence: 99%

Contracting on litigation

Spier

Prescott

2019

The RAND J of Economics

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Two risk‐averse litigants with different subjective beliefs negotiate in the shadow of a pending trial. Through contingent contracts, the litigants can mitigate risk and/or speculate on the trial outcome. Contingent contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the services provided by third‐party investors, including litigation funders and insurance companies. The litigants (weakly) prefer to contract with risk‐neutral third parties when the capital market is transaction‐cost free. However, contracting with third parties further decreases the settlement rate, increases the costs of litigation, and may increase the aggregate cost of risk bearing.

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Do Lawyers Really Believe Their Own Hype and Should They?: A Natural Experiment

Cited by 9 publications

References 20 publications

Imbalances of Power in ADR: The Impact of Representation and Dispute Resolution Method on Case Outcomes

Imbalances of Power in ADR: The Impact of Representation and Dispute Resolution Method on Case Outcomes

Unregulated Immigration Law Clinics and Kant’s Cosmopolitan Right: Challenging The Political Status Quo

Contracting on litigation

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