The sale of law : ethical advising and advocacy in light of billing for civil litigation services
Date
2016-02-16
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
ORCID
Type
Degree Level
Masters
Abstract
This thesis identifies the financial incentives of litigants and lawyers to behave in certain ways in relation to civil litigation files. By identifying such incentives, this thesis raises questions about the extent to which substantive and procedural private law is capable of being influenced by them. Specifically, this thesis argues that: lawyers have a lawmaking function within the private law system; lawyers have financial incentives distinct from those of their clients; and the costs of retaining lawyers produce observable incentives and effects on the outcomes of civil litigation matters. In addition to the many theoretical materials cited, empirical data have been cited from research observing the legal profession in North America and elsewhere. This thesis argues that external influences--such as financial incentives for non-parties--can affect the way private law applies and develops. This thesis also identifies general regulatory strategies that might limit the influence of external factors on private law.
Description
Keywords
Billing, legal profession, market for legal services, legal theory, economics, law society, professionalism, legal ethics, civil litigation, access to justice
Citation
Degree
Master of Laws (LL.M.)
Department
Law
Program
Law