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Patterns of Specialization in Medical Malpractice Among Contingency Fee Attorneys

This product is part of the RAND Institute for Civil Justice working paper series. RAND working papers are intended to share researchers' latest findings and to solicit informal peer review. They have been approved for circulation by the RAND Institute for Civil Justice but have not been formally edited or peer reviewed. Unless otherwise indicated, working papers can be quoted and cited without...

Reflections on coaching by attorneys.

There are two potential contaminants of the psychiatric examination in a medicolegal context. One is the malingering of forensically significant mental illness; the second is attorneys’ coaching of litigants in an attempt to influence the litigants’ behavior and demeanor in the examination and thus to affect the outcome. Coaching represents both a forensic and an ethics problem, but the exact n...

Guardianship determinations by judges, attorneys, and guardians.

Guardianship is intended to protect incapacitated individuals through the appointment of a surrogate decision maker. Little is known about how judges, attorneys, and professional guardians assess the need for guardianship, to what extent they apply statutory guidelines when making these determinations, and how their decisions compare. Three groups of participants (probate judges, elder law atto...

Plea Decision-Making By Attorneys And Judges

Objectives Approximately 95 % of convictions in the United States are the result of guilty pleas. Surprisingly little is known about the factors which judges, prosecutors, and defense attorneys consider in these decisions. To examine the legal and extralegal factors that legal actors consider in plea decision-making, we replicated and improved upon a 40-year-old study by asking legal actor part...

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