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The Value of Counsel: 20 Years of Representation before a Public Housing Eviction Board

Published online by Cambridge University Press:  02 April 2024

Karl Monsma  and
Richard Lempert
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Abstract

Research into the effects of legal representation is rare because in many settings in which people might have lawyers, legal representation is either so common or so unusual that it cannot serve as a variable. Moreover, such research as exists is often poorly controlled or otherwise methodologically deficient. Our data set, derived from the case files of a public housing eviction board, allows us to overcome most of the difficulties that plague prior studies because it is relatively large and unusually rich in information about individual cases. We model the effects of various tenant and case characteristics on lawyer involvement as well as the effects of legal representation on case outcome. We find that lawyers tend to handle more difficult cases and that the likelihood that legal representation will aid a tenant depends on case type and changes over time. Our results, though likely to be context dependent, suggest how the effects of legal representation may be studied in other settings and the kinds of variables that may condition such effects.

Type
The Context of Litigation
Information
Law & Society Review , Volume 26 , Issue 3 , 1992 , pp. 627 - 667
Copyright
Copyright © 1992 by The Law and Society Association

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Footnotes

This research was supported by the Law and Social Science section of the National Science Foundation (SES-8617981) and the Cook and Cohn Funds of the University of Michigan Law School. An earlier version was presented at the Annual Meeting of the Law and Society Association in Madison, Wis., June 1988. We thank William M. Mason, Lynn Mather, Christopher Winship, and Yu Xie for comments and suggestions. We are also grateful to Frank Munger and anonymous reviewers for their comments. The cooperation of the Hawaii Housing Authority was essential to this research. We would like to thank the many people associated with the Authority who facilitated this investigation. All findings and opinions expressed in this paper are the authors' and should not be attributed to the National Science Foundation, the University of Michigan Law School, or the Hawaii Housing Authority.

References

Aday, David P. Jr. (1986) “Court Structure, Defense Attorney Use, and Juvenile Court Decisions,” 27 Sociological Q. 107.Google Scholar
Adler, Michael, & Bradley, Anthony, eds. (1976) Justice, Discretion and Poverty: Supplementary Benefits Appeal Tribunals in Britain. London: Professional Books.Google Scholar
Berk, Richard A. (1983) “An Introduction to Sample Selection Bias in Sociological Data,”48 American Sociological Rev. 386.Google Scholar
Carlin, Jerome E. (1962) Lawyers on Their Own: A Study of Individual Practitioners in Chicago. New Brunswick, NJ: Rutgers Univ. Press.Google Scholar
Carlin, Jerome E. (1966) Lawyers' Ethics: A Survey of the New York City Bar. New York: Russell Sage Foundation.Google Scholar
Clark, Stevens H., & Koch, Gary G. (1980) “Juvenile Court: Therapy or Crime Control, and Do Lawyers Make a Difference?” 14 Law & Society Rev. 263.Google Scholar
Duffee, David, & Siegel, Larry (1971) “The Organization Man: Legal Counsel in the Juvenile Court,” 7 Criminal Law Bull. 544.Google Scholar
Feld, Barry C. (1989) “The Right to Counsel in Juvenile Court: An Empirical Study of When Lawyers Appear and the Difference They Make,” 79 J. of Criminal Law & Criminology 1185.Google Scholar
Felstiner, William L. F., Abel, Richard L., & Sarat, Austin (1980–81) “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming …,” 15 Law & Society Rev. 631.Google Scholar
Ferster, Elyce Zenoff, Courtless, Thomas F., & Snethen, Edith Nash (1971) “The Juvenile Justice System: In Search of the Role of Counsel,” 39 Fordham Law Rev. 375.Google Scholar
Flockhart, Ross (1976) “Some Aspects of Tribunal Membership,” in Adler & Bradley (1975).Google Scholar
Genn, Hazel, & Genn, Yvette (1989) The Effectiveness of Representation at Tribunals: Report to the Lord Chancellor. London: Lord Chancellor's Department.Google Scholar
Hammitt, James K. (1985) Automobile Accident Compensation, Vol. 2: Payments by Auto Insurers. Santa Monica, CA: Institute for Civil Justice, RAND.Google Scholar
Heckman, James J. (1979) “Sample Selection Bias as a Specification Error,” 47 Econometrica 153.Google Scholar
Heinz, John P., & Laumann, Edward O. (1982) Chicago Lawyers: The Social Structure of the Bar. New York: Russell Sage Foundation.Google Scholar
Hill, Michael, & Mercer, Alex (1987) “Participation in Housing Cases: An Examination of Attendance and Representation at County Court Possession Hearings and Rent Assessment Committees,” J. of Social Welfare Law, p. 237 (July).CrossRefGoogle Scholar
Katz, Jack (1982) Poor People's Lawyers in Transition. New Brunswick, NJ: Rutgers Univ. Press.CrossRefGoogle Scholar
King, Michael (1976) The Effects of a Duty Solicitor's Scheme: An Assessment of the Impact upon a Magistrates Court. London: Cobden Trust.Google Scholar
Lempert, Richard (1989) “The Dynamics of Informal Procedure: The Case of a Public Housing Eviction Board,” 23 Law & Society Rev. 347.Google Scholar
Lempert, Richard (1993) “Discretion in a Behavioral Perspective: The Case of a Public Housing Eviction Board,” in Hawkins, K., ed., The Uses of Discretion. New York: Oxford Univ. Press.Google Scholar
Lempert, Richard, & Monsma, Karl (1988) “Lawyers and Informal Justice: The Case of a Public Housing Eviction Board,” 51 Law & Contemporary Problems, p. 135 (Autumn).CrossRefGoogle Scholar
Monsma, Karl (1992) “Discrimination in Informal Justice: Samoans before a Public Housing Eviction Board.” Presented at 1992 Meetings of American Sociological Association.Google Scholar
Lewis, Norman (1976) “Discretionary Justice and the Supplementary Benefits System,” in Adler & Bradley (1976).Google Scholar
Lister, Ruth (1974) “Justice for the Claimant: A Study of Supplementary Benefit Appeal Tribunals.” Poverty Research Series 4, Poverty. London: Child Poverty Action Group.Google Scholar
Maddala, G. S. (1983) Limited-dependent and Qualitative Variables in Econometrics. Cambridge: Cambridge Univ. Press.CrossRefGoogle Scholar
Mather, Lynn, & Yngvesson, Barbara (1980–81) “Language, Audience, and the Transformation of Disputes,” 15 Law & Society Rev. 775.Google Scholar
Milton, Coral (1976) “Appellants' Perceptions of the Tribunal Process,” in Adler & Bradley (1976).Google Scholar
Nelson, Robert L. (1988) Partners with Power: The Social Transformation of the Large Law Firm. Berkeley: Univ. of California Press.CrossRefGoogle Scholar
Nonet, Philippe (1969) Administrative Justice: Advocacy and Change in a Government Agency. New York: Russell Sage Foundation.Google Scholar
O'Gorman, Hubert J. (1963) Lawyers and Matrimonial Cases. New York: Free Press.Google Scholar
Pindyck, Robert S., & Rubinfeld, Daniel L. (1981) Econometric Models and Economic Forecasts. 2d ed. New York: McGraw-Hill.Google Scholar
Platt, Anthony, & Friedman, Ruth (1968) “The Limits of Advocacy: Occupational Hazards in Juvenile Court,” 116 Univ. of Pennsylvania Law Rev. 1156.Google Scholar
Platt, Anthony, Schechter, Howard, & Tiffany, Phyllis (1968) “In Defense of Youth: A Case of the Public Defender in Juvenile Court,” 43 Indiana Law J. 619.Google Scholar
Popkin, William D. (1977) “The Effect of Representation in Nonadversary Proceedings—A Study of Three Disability Programs,” 62 Cornell Law Rev. 989.Google Scholar
Rolph, John E. (with Hammitt, James K., Houchens, Robert L., & Polin, Sandra S.) (1985) Automobile Accident Compensation: Vol. 1, Who Pays How Much How Soon? Santa Monica, CA: Institute for Civil Justice, RAND.Google Scholar
Rosenthal, Douglas E. (1974) Lawyer and Client: Who's in Charge? New York: Russell Sage Foundation.Google Scholar
Ross, H. Laurence (1970) Settled out of Court: The Social Process of Insurance Claims Adjustments. Chicago: Aldine Publishing Co.Google Scholar
Rueschemeyer, Dietrich (1973) Lawyers and Their Society. Cambridge, MA: Harvard Univ. Press.CrossRefGoogle Scholar
Sarat, Austin, & Felstiner, William L. F. (1986) “Law and Strategy in the Divorce Lawyer's Office,” 20 Law & Society Rev. 93.Google Scholar
Smigel, Erwin O. (1964) The Wall Street Lawyer. New York: Free Press.Google Scholar
Stapleton, W. Vaughan, & Teitelbaum, Lee E. (1972) In Defense of Youth: A Study of the Role of Counsel in American Juvenile Courts. New York: Russell Sage Foundation.Google Scholar
Vinson, T., & Homel, R. (1973) “Legal Representation and Outcome,” 47 Australian Law J. 132.Google Scholar
Zemans, Frances Kahn, & Rosenblum, Victor G. (1981) The Making of a Public Profession. Chicago: American Bar Foundation.Google Scholar