Journal Articles

Lawyers, Deception, and Evidence Gathering

Virginia Law Review

Antideception rules in civil litigation are not primarily about enforcing honesty, and the law's tolerance of deception in criminal litigation is not wrong. Rather, both regimes make sense, and the difference between them has to do with lawyers. The key is to focus on (1) how lawyers affect evidence gathering, and (2) how evidence gathering affects the system's ability to separate good claims or defenses from bad ones.

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