THE LAWYER'S ROLE IN ADVISING CLIENTS – NEW THEORETHICAL APPROACH OF BEHAVIORAL LAW AND ECONOMICS
THE LAWYER'S ROLE IN ADVISING CLIENTS – NEW THEORETHICAL APPROACH OF BEHAVIORAL LAW AND ECONOMICS
Author(s): Aleksandar MojaševićSubject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: lawyer; client; cognitive errors; trial; settlement
Summary/Abstract: In this paper, the author shows the standard theoretical models of counseling clients (principals) by lawyers (agent), their advantages and limitations. In addition to these standard models, an innovative one, which was developed within the framework of scientific discipline Behavioral Law and Economics, the so-called cognitive model, will be presented. This model casts a different light on the relationship between clients and lawyers, introducing certain psychological factors that are related to cognitive errors in client's reasoning. Some typical cognitive errors that justify a lawyer intervention in client's decision concerning the choice between a trial and settlement will be described.
Journal: FACTA UNIVERSITATIS - Law and Politics
- Issue Year: 13/2015
- Issue No: 1
- Page Range: 51-57
- Page Count: 7
- Language: English
