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Unpublished Paper
Lawyer Advising in Evidence Disclosure
Discussion Papers (2007)
  • Yeon-Koo Che, Columbia University
  • Sergei Severinov, Duke University
Abstract
In this paper we investigate how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of the effect. Despite lawyers' expertise in assessing the evidence, their advice is found to have no effect on adjudication in a broad set of circumstances, if legal advice is costless and the lawyers follow undominated strategies in disclosure. A lawyer's advice can influence the outcome to his client's favor if he can credibly advise his client to suppress some favorable evidence. The effect is socially undesirable.
Keywords
  • legal advice,
  • disclosure of evidence,
  • burden of proof allocation,
  • regulating adjudicators' inferences
Publication Date
April, 2007
Comments
Discussion Paper 0506-06
Citation Information
Yeon-Koo Che and Sergei Severinov. "Lawyer Advising in Evidence Disclosure" Discussion Papers (2007)
Available at: http://works.bepress.com/yeonkoo/12/