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Full-Text Articles in Law
The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John Lande
The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John Lande
John Lande
This article identifies early case handling (ECH) as an important general phenomenon in dispute system design theory and practice, catalogs the major ECH processes, and urges practitioners and policymakers to encourage use of and experimentation with ECH processes when appropriate. The key element of ECH is that people intentionally exercise responsibility for handling the case from the outset. ECH processes in courts include early case management procedures, differentiated case management systems, early neutral evaluation, and other early alternative dispute resolution (ADR) processes. ECH in the private sector includes ADR pledges and contract clauses, early case assessment and ADR screening protocols, …
Guilty Pleas Or Trials: Which Does The Barrister Prefer?, Peter W. Tague
Guilty Pleas Or Trials: Which Does The Barrister Prefer?, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
Barristers in England and attorneys in the United States have been upbraided for pursuing their interests to their clients' detriment in recommending guilty pleas over trials. While this accusation against American attorneys could be true since their incentives are sometimes skewed to favor guilty pleas, it is not accurate with respect to barristers in England. This is because the latter’s selfish incentives--to maximize income and avoid sanction--incline them to prefer trials over guilty pleas. In Melbourne and Sydney, barristers have never been similarly accused. Indeed, the topic has not been studied. Based on interviews with legal professionals in those cities, …