The Effect of Learning Varies According to Locality: Micro Data Analysis of the Lawyer Market in Japan

Yamamura, Eiji (2009): The Effect of Learning Varies According to Locality: Micro Data Analysis of the Lawyer Market in Japan.

Abstract

By using individual level data, this paper attempts to examine how and to what extent behavior and perception of those bringing lawsuit’s differ between large district courts (competitive lawyer market) and medium or small district ones (less competitive lawyer market). The major findings are; (1) in medium or small but not in large districts, trial experience discourages persons from employing a lawyer. (2) A natural person is less likely to employ a lawyer than a legal person in medium or small districts, but not in large ones. (3) The self-rated cost of searching for a lawyer is lower in large districts than small ones. It follows from these results that the lower competitive pressure in the lawyer markets in medium and small districts results in higher costs of employing a lawyer than is found in large districts.

• Item Type: MPRA Paper
• Language: English
• Keywords: Learning, Lawyer market
• Subjects: K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K49 - Other; L - Industrial Organization > L1 - Market Structure, Firm Strategy, and Market Performance > L13 - Oligopoly and Other Imperfect Markets; L - Industrial Organization > L8 - Industry Studies: Services > L88 - Government Policy

References

Ginsburg, Tom, Glenn Hoetker. 2006. The Unreluctant Litigant? An Empirical Analysis of Japan’s Turn to Litigation. Journal of Legal Studies 35:31-59.

Greif, A. 1994. Cultural Beliefs and the Organization of Society: A Historical and Theoretical Reflection on Collectivist and Individualist Societies. Journal of Political Economy 102:912-950.

Greif, A.2002. Institutions and Impersonal Exchange: from Communal to Individual Responsibility. Journal of Institutional and Theoretical Economics 158:168-204.

Haley, John Owen. 1978. The Myth of the Reluctant Litigant. Journal of Japanese Studies 4:359-90.

Justice System Reform Council. 2000. Survey of Civil Action Users (Minji Sosho Riyo-sha Chosa).

Justice System Reform Council. 2001. Recommendations of the Justice System Reform Council: For a Justice System to Support Japan in the 21st Century. (available at http://www.kantei.go.jp/foreign/judiciary/2001/0612report.html.: accessed on April 17, 2009).

Kawashima, Takeyoshi. 1963. Dispute Resolution in Contemporary Japan. Pp. 41-72 in Law in Japan: The Legal Order in a Changing Society, edited by Arthur von Mehren. Cambridge, Mass.: Harvard University Press.

Kinoshita, Tomio. 2000. The Nature and Consequences of Lawyers’ Market Regulation in Japan. Contemporary Economic Policy 18:181-93.

Kinoshita, Tomio. 2002. A Cost-Benefit Analysis of Enlarging the Japanese Judicial System. Contemporary Economic Policy 20:179-92.

Milhaupt, J. Curtis., and Mark.D. West. 2004. Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules. New York: Oxford University Press.

Nakazato, Minoru., J. Mark Ramseyer., Eric B. Rasmusen. 2006. The Industrial Organization of the Japanese Bar: Levels and Determinants of Attorney Income. MPRA Paper No. 1444.

Ramseyer, J. Mark. 1988. Reluctant Litigant Revisited: Rationality and Disputers in Japan. Journal of Japanese Studies 14:111-23.

Ramseyer, J. Mark, Minoru Nakazato. 1989. The Rational Litigant: Settlement Amounts and Verdict Rates in Japan. Journal of Legal Studies 18:263-90.

Ramseyer, J. Mark, Minoru Nakazato. 1999. Japanese Law: An Economic Approach. Chicago: University of Chicago Press.

Yamamura, Eiji. 2008. The Market for Lawyers and Social Capital: Are Informal Rules a Substitute for Formal Ones? Review of Law & Economics 4 (1), Article 23.

Yamamura, Eiji, 2009. Frequency of Contact with Foreigners in a Homogenous Society: Perceived Consequences of Foreigner Increases in Japan. MPRA Paper No 14646.