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Lawyer's Incentive Contract in Arbitration : A Signaling Approach

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This study suggests a signaling game model between the claimant and the lawyer. To convince the lawyer’s ability to the claimant, the lawyer has incentive to send a credible signal to the lawyer. We adopt the lawyer’s public relations as a signaling device. Taking advantage of lower marginal cost on public relations, the high type lawyer can separate himself from the low type one. We derive perfect Bayesian equilibria of the signaling game and refine them with a unique equilibrium by invoking Intuitive Criterion of Cho and Kreps(1987). Then we characterize the refined equilibrium.

Abstract

This study suggests a signaling game model between the claimant and the lawyer. To convince the lawyer’s ability to the claimant, the lawyer has incentive to send a credible signal to the lawyer. We adopt the lawyer’s public relations as a signaling device. Taking advantage of lower marginal cost on public relations, the high type lawyer can separate himself from the low type one. We derive perfect Bayesian equilibria of the signaling game and refine them with a unique equilibrium by invoking Intuitive Criterion of Cho and Kreps(1987). Then we characterize the refined equilibrium.

참고문헌 (11)

  1. Kim, Hong hwa, "Through the cases categorizing the reasonable test on lawyer’s & looking for the solution", Hanyang Law Review, 37(2) (2017)
  2. Kim, kee Won, "The Problem of Infringement of Lawyer Independence by the Lawyer Referral Platform and the Need for Alternatives", Human Rights and Justice, (502) (2021)
  3. Kwon, J. Y, "Arbitrator’s Reputation and PR Cost : A signaling Approach", Journal of Arbitration Studies, 33(3) (2023)
  4. Cho, I. K., "Signaling Games and Stable Equilibria", Quarterly Journal of Economics, 102 (1987)
  5. Choi, Uni, "Research on the Fees of an Attorney at Law", Ilkam Law Review, 47 (2020)
  6. Farmer, Amy, "Dispute Rates and Contingency Fees : An Analysis from the signaling Model", Southern Economic Journal, 71(3) (2005)
  7. Jung, Hyung Keun, "A Study on the Contingent Fee Agreement in Criminal Cases", KLAJ, 69 (2020)
  8. Spence, M., "Job Market Signaling", Quarterly Journal of Economics, 87 (1973)
  9. Yun, Eun kyoung, "Professional Ethics of counsel in the international arbitration procedure", Kookmin legal research (2017)
  10. Yun, Eun kyoung, "Qualifications of Council in the Arbitration –Focus on the Qualifications of Council in the Korean Commercial Arbitration Board-", Law Review, 55(2) (2014)
  11. "Korean Commercial Arbitration Board"[URL]

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