Abstract

Although the legal services industry assumes a large role in the American economy, scant data exists regarding the economic benefits of legal services expenditures, the accuracy of attorneys’ advice and the effectiveness of their representation in lawsuits. The legal industry has lagged behind other businesses and professions in establishing metrics to measure costs and assess performance. This chapter summarizes 40 years of research regarding attorney-litigant decision making and explains how judges, juries, attorneys and clients differ in their assessments of liability and damages and their predictions about trial outcomes.

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