Fixed legal fees eliminate material incentives for zealous advocacy

Evidence

Inquisitorial systems, however, have largely eliminated any financial inducement to vigorous advocacy. In Germany, for example, the 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…, 637

Categorization

• XREF: connects to: Fee structures shape advocacy intensity in each trial system — G. Alan Tarr, Judicial Process and Judicial…, 935; Low assigned-counsel fees incentivize attorneys to take overwhelming caseloads and avoid trials. — G. Alan Tarr, Judicial Process and Judicial…, 1656

Broader Connections

• Fee structures shape advocacy intensity in each trial system #expands (0.86) — G. Alan Tarr, Judicial Process and Judicial…, 935