Exploring the dynamics of legal service use in compensation systems

Clare E. Scollay

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

Legal service use plays a critical role in compensation systems, given its associations with claimant access to entitlements, access to justice, health and recovery outcomes, and experiences and perceptions of compensation processes. In spite of this, the factors associated with legal service use are not well understood. This chapter maps the compensation system, legal practitioner, and legal services market factors that affect claimant decisions to use legal services. Compensation system factors include the existence of an established path for claiming; compensation scheme design; the complexity, length, and stressfulness of the claiming process; and the claimant-insurer relationship. Legal practitioner factors include the costs and perceived costs of legal services; client screening and selection practices; lawyer and law firm characteristics; and the transformation of complaints into legal issues. Legal services market factors include the availability of legal services and competitiveness of the legal services market; advertising and other client acquisition practices; the unbundling of legal services; and the development of new technologies. Findings suggest that the operation of schemes is closely connected to the development and functioning of the legal services market, which in turn contributes to the kinds of justice that schemes are able to deliver.
Original languageEnglish
Title of host publicationUnexpected Consequences of Compensation Law
EditorsPrue Vines, Arno Akkermans
Place of PublicationOxford UK
PublisherHart Publishing
Chapter10
Pages203-232
Number of pages28
Edition1st
ISBN (Electronic)9781509928026, 9781509928019
ISBN (Print)9781509927999
DOIs
Publication statusPublished - 2020

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