Courts and Litigation Investment - Why Do Lawyers Spend More Time on Federal Cases?

• NCJ Number: 95004
• Journal: Justice System Journal Volume: 9 Issue: 1 Dated: (1984) Pages: 7-22
• Author(s): H M Kritzer; J B Grossman; E McNichol; D M Trubek; A Sarat
• Date Published: 1984
• Length: 15 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: Earlier version presented at the annual meeting of the Law and Society Association, June 3-5, 1983, Denver, Colorado.

Annotation

One of the more intriguing findings of the Civil Litigation Research Project was the extra effort that hourly fee lawyers seem to devote to cases in federal court as compared to state court; this effort 'gap' appeared even though the effects of such central variables as stakes and complexity were taken into account.

Abstract

In this article we explore further this 'court effect' by looking at a variety of additional factors that might account for it. We conclude that the federal-state difference reflects a combination of court norms and lawyers' desires to perform well in the 'big time' world of federal court. (Publisher abstract)