Fee structures shape advocacy intensity in each trial system

Evidence

American lawyers recognize that a wholehearted commitment to their clients is necessary to prevail at trial and that success at trial leads to greater status and, presumably, higher fees. Inquisitorial systems, however, have largely eliminated financial inducements to vigorous advocacy. In Germany, for example, legal fees for various types of cases are established by law. Whether one wins or loses, one receives the same fee, no matter how many hours have been devoted to case preparation. Thus, inquisitorial systems not only discourage excessive zeal in advocacy but also remove the material incentives to engage in it. — G. Alan Tarr, Judicial Process and Judicial…, 935

Categorization

• XREF: Loose parallel with performance incentives literature in economics — how pay structure shapes effort. — connects to: Contingent fees dominate accident and product-injury civil litigation; Fixed legal fees eliminate material incentives for zealous advocacy — G. Alan Tarr, Judicial Process and Judicial…, 637