Behavioral economists will tell you that incentives are effective at spurring action. Small businesses have loyalty programs offering you a free item after you’ve first purchased 10 others because they know you will pay for 10 to earn a free 11th.

The U.S. legal system is no stranger to the impact of incentives. The federal tax code, with its incentives to donate to charities or purchase certain items, is a case study in how governments use economic incentives to motivate people to take certain actions deemed beneficial to society. Fee-shifting statutes and contingency fee agreements incentivize attorneys to help clients vindicate their rights and secure the most favorable outcomes for them without concern for whether those clients will be able to afford to pay their attorney fees.

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