Tuesday, April 3, 2007

Kritzer on Personal Injury Defense Practice and Sociology of the Defense Bar

Posted by Alan Childress

Herbert Kritzer (UW, soon Wm. Mitchell) has posted to SSRN his article: "Defending Torts: What Should We Know?"  It is forthcoming in the Journal of Tort Law.  It follows a study on the commodification of insurance defense practice that Bert published last year in Vanderbilt Law Review and posted here.  Here is his abstract to the new article:

Bertcroppedsmall This paper considers the state of our knowledge about the process of defending tort claims. A variety of specific topics are covered including relationships among the key actors on the defense side (alleged tortfeasor, insurer, and defense lawyer); the incentives faced by these actors; the resolutions of issues of liability, causation, and damages; different types of claimants; variations among tortfeasors and their insurers; conflicts on the defense side; staff lawyers and in-house counsel; the problem of defending sure losers; and the use of experts by the defense. A brief appendix presents some data on the sociology of defense practice (i.e., the characteristics of lawyers who describe themselves as specialists in personal injury defense).


Abstracts Highlights - Academic Articles on the Legal Profession, Law & Society, The Practice | Permalink

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