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“Personal plight” is the sector of the legal services industry in which the clients are individuals, and the legal needs arise from disputes. This article proposes that competition among personal plight law firms is suppressed by three demand-side phenomena. First, consumers confront high search costs. Identifying competing law firms willing and able to provide the needed services often requires significant expenditure of temporal and psychological resources. Second, comparable price and quality information about firms is scarce for consumers. Both of these factors impede comparison shopping and reduce competitive pressure on firms. A third competition-suppressing factor is observed in tort legal service markets, where offerings are typically priced on a contingency basis. Contingency fees have relatively low salience to consumers, and this reduces consumers’ willingness to negotiate and comparison-shop on the basis of price. This analysis is supported by the author’s empirical research with Ontario personal plight lawyers as well as the existing literature. The article concludes by suggesting possible consequences of this analysis for regulatory policy.
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Which individuals should count in a welfare-consequentialist analysis of public policy? Some answers to this question are parochial, and others are more inclusive. The most inclusive possible answer is ‘everybody to count for one.’ In other words, all individuals who are capable of having welfare – including foreigners, the unborn, and non-human animals – should be weighed equally. This article argues that ‘who should count’ is a question that requires a two-level answer. On the first level, a specification of welfare-consequentialism serves as an ethical ideal, a claim about the attributes that the ideal policy would have. ‘Everybody to count for one’ might succeed on this level. However, on the second level is the welfare-consequentialist analysis procedure used by human analysts to give advice on real policy questions. For epistemic reasons, the analysis procedure should be more parochial than ‘everybody to count for one.’
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A life-evaluation question asks a person to quantify his or her overall satisfaction with life, at the time when the question is asked. If public policy seeks to make individuals’ lives better, does it follow that changes in aggregate life-evaluations track policy success? This paper argues that life-evaluation is a practical and philosophically sound way to measure and predict welfare for the purpose of analyzing policy options. This is illustrated by the successful argument for expanding state-funded mental health services in the United Kingdom. However, life-evaluations sometimes fail to adequately measure individual welfare. Policy analysts therefore must sometimes inquire into the extent to which individuals’ preferences would be fulfilled, if different policies were to be adopted. This article proposes synthesizing life-evaluation and preference-fulfilment data about individual welfare, as a basis for welfare-consequentialist policy analysis.
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Commissioned by the Association of Family and Conciliation Courts, Ontario Chapter.
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