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Supreme Court Economic Review
Article . 2010 . Peer-reviewed
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The Effects of Litigation Financing Rules on Settlement Rates

Authors: Laura Inglis; Kevin McCabe;

The Effects of Litigation Financing Rules on Settlement Rates

Abstract

This paper uses an economics experiment to examine the affects of litigation financing rules on the settlement of tort claims. In 1983, the Model Rules of Professional Conduct eased the restrictions on attorney-financed lawsuits. Since that time, a number of state bar associations have begun allowing attorneys to pay their clients’ litigation expenses in particular situations. Our experiment compares a situation in which attorneys can fund litigation with one in which the clients must bear all costs themselves. We find that settlement is more likely to occur when attorneys pay litigation costs. These results suggest that the modern liberalization of litigation financing rules is an effective means of promoting settlement.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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