Optimal litigation strategies with observable case preparation

B-Tier
Journal: Games and Economic Behavior
Year: 2010
Volume: 70
Issue: 2
Pages: 271-288

Authors (2)

Score contribution per author:

1.005 = (α=2.01 / 2 authors) × 1.0x B-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

This paper investigates the strategic effects of case preparation in litigation. Specifically, it shows how the pretrial efforts incurred by one party may alter its adversary's incentives to settle. We build a sequential game with one-sided asymmetric information where the informed party first decides to invest in case preparation, and the uninformed party then makes a settlement offer. Overinvestment, or bluff, always prevails in equilibrium: with positive probability, plaintiffs with weak cases take a chance on investing, and regret it in case of trial. Furthermore, due to the endogenous investment decision, the probability of trial may (locally) decrease with case strength. Overinvestment generates inefficient preparation costs, but may trigger more settlements, thereby reducing trial costs.

Technical Details

RePEc Handle
repec:eee:gamebe:v:70:y:2010:i:2:p:271-288
Journal Field
Theory
Author Count
2
Added to Database
2026-01-25