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Legal Advertising and Frivolous Lawsuits

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Following a recent wave of deregulation, lawyers now use a large variety of media to advertise their services. A common argument against this increasing reliance on advertising is that it might stir up frivolous lawsuits. In this article, we investigate the relevance of this argument by developing an asymmetric information game of litigation. The main results show that this stirring-up effect does not necessarily occur in equilibrium and advertising may improve welfare by decreasing the social cost of accidents. Therefore, the liberalization of legal advertising should not necessarily be considered as a threat to the efficiency of the tort system.
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Keywords: ADVERTISING; DETERRENCE; FRIVOLOUS LAWSUITS; LITIGATION

Document Type: Research Article

Publication date: 01 September 2018

This article was made available online on 08 April 2018 as a Fast Track article with title: "Legal Advertising and Frivolous Lawsuits".

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  • Founded as Zeitschrift für die gesamte Staatswissenschaft in 1844.

    As one of the oldest journals in the field of political economy, the Journal of Institutional and Theoretical Economics (JITE) deals traditionally with the problems of economics, social policy, and their legal framework. JITE is listed in the Journal of Economic Literature, the Social Science Citation Index, the International Bibliography of the Social Sciences, and COREJ.

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    From 2013 on all accepted articles are published in an Online First version (in their final layout) to make them searchable and citable by their DOI immediately after peer review and acceptance. Once the article is published in an issue of the journal, the Online First version will be removed.

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