Asymmetric reimbursement and contingent fees in environmental conflicts : observable vs. unobservable contracts

We investigate the impact of observability of contracts between a plaintiff and his attorney on both the efficiency of the environmental conflict and the fairness of the resulting outcome from the environmental conflict. By including two specific game-theoretic models (an observable-contract game and an unobservable-contract game), we find two key results: (i) The unobservability of a contract may increase inefficiency of the environmental conflict in terms of legal efforts; however, (ii) the unobservability of a contract may increase the fairness of the outcome in terms of the plaintiff's probability of winning the contest.