Legal Advice and Evidence Disclosure
نویسندگان
چکیده
This paper examines how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of these effects. Despite lawyers’ expertise in assessing the evidence, their advice is found to have no effect on adjudication, if the lawyers follow disclosure strategies that are undominated in a certain sense. A lawyer’s advice can influence the outcome to his client’s favor, if he can credibly advise his client to suppress some favorable evidence, but this effect is socially undesirable.
منابع مشابه
Disclosure and Legal Advice∗
This paper examines how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of these effects. Despite lawyers’ expertise in assessing the evidence, their advice is found to have no effect on adjudication, if the lawyers follow disclosure strategies that are undom...
متن کاملOn the Value of Legal Representation
In this paper we investigate how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of the effect. Despite lawyers’ expertise in assessing the evidence, their advice is found to have no effect on adjudication in a broad set of circumstances, if legal advice is c...
متن کاملDisclosure of medical errors: what factors influence how patients respond?
BACKGROUND Disclosure of medical errors is encouraged, but research on how patients respond to specific practices is limited. OBJECTIVE This study sought to determine whether full disclosure, an existing positive physician-patient relationship, an offer to waive associated costs, and the severity of the clinical outcome influenced patients' responses to medical errors. PARTICIPANTS Four hun...
متن کاملHealth plan members' views about disclosure of medical errors.
BACKGROUND Various authorities and national organizations encourage disclosing medical errors, but there is little information on how patients respond to disclosure. OBJECTIVE To examine how the type of error, severity of adverse clinical outcome, and level of disclosure affect patients' responses to error and disclosure. DESIGN Mail questionnaire survey (8 versions were developed) varying ...
متن کاملMedical confidentiality and human immunodeficiency virus (HIV) infection: a hypothetical case.
This paper describes a hypothetical case of a HIV positive pilot. It explores legal and ethical aspects of medical confidentiality and discusses who, inside and outside military and medical circles, can be told of his condition in the light of the particular circumstances. Disclosure without the patient's consent is a serious step that should not be undertaken without advice from Service medico...
متن کامل