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ence o<strong>the</strong>rs in <strong>the</strong> supply chain to accept moreefficient settlement and litigation procedures.Their clients, <strong>of</strong>ten opponents in a conflict, arenot very likely to cooperate in order to find <strong>the</strong>most efficient process. The incentives on lawyers,who are in a unique position as pr<strong>of</strong>essionalsbecause <strong>the</strong>y can directly create work for eacho<strong>the</strong>r, are very different from those in a normalsupply chain. There, producers, distributors andclients all have <strong>the</strong> same incentives to cut <strong>the</strong>transaction costs, because <strong>the</strong>re is an exposureto outside competition. The incentives on judgesand o<strong>the</strong>r neutrals may also work against standardisation.They have no duty to <strong>the</strong> disputants tomake a trade-<strong>of</strong>f between costs and quality when<strong>the</strong>y organise <strong>the</strong> process through <strong>the</strong>ir decisionson procedure, and in some legal systems <strong>the</strong>y aresupposed to leave <strong>the</strong> management <strong>of</strong> <strong>the</strong> procedureto <strong>the</strong> parties.These issues regarding <strong>the</strong> management <strong>of</strong> <strong>the</strong>justice supply chain have, as far as <strong>the</strong> WorkingGroup could establish, not yet been studied indepth (Hadfield 2000 is one <strong>of</strong> <strong>the</strong> exceptions).An open question is, for instance, why legalservices to individuals tend to be performed byindividual lawyers, or small partnerships, and notby bigger companies that <strong>of</strong>fer standard servicesfor common problems, such as is <strong>the</strong> case forbanking and insurance. Ano<strong>the</strong>r issue is where<strong>the</strong> responsibility for <strong>the</strong> design and improvement<strong>of</strong> procedures should be located: Is this primarily<strong>the</strong> task <strong>of</strong> <strong>the</strong> legislator, <strong>of</strong> <strong>the</strong> judiciary, or is<strong>the</strong>re a role here for bottom up processes as well?We now turn to this topic <strong>of</strong> improving <strong>the</strong> design<strong>of</strong> procedures Simplifying ProceduresAn attractive approach to reducing legal transactioncosts wholesale, ra<strong>the</strong>r than attempting tosubsidise <strong>the</strong>se costs on a retail basis, would beto simplify <strong>the</strong> substantive and procedural law.One essential step could be to allow individualsto advance <strong>the</strong>ir legal claims without representationin small claims courts or o<strong>the</strong>r moreinformal tribunals (Lopez-de-Silanes 2002,Buscaglia and Ulen 1997). Adopting this approachis probably not without costs: Simplifyinglaws so that <strong>the</strong>y can be understood and invokedby uneducated lay people may require makinglaws cruder, less nuanced, and less efficient,although some may argue that targeting lawsbetter to <strong>the</strong> problems <strong>of</strong> <strong>the</strong> poor may have <strong>the</strong>opposite effect. If <strong>the</strong> legislator has sufficientinformation and background analysis regardingwhat constitute <strong>the</strong> most common concerns andgrievances <strong>of</strong> poor people and o<strong>the</strong>r disadvantagedgroups, <strong>the</strong> substantive legislation may betailored to be receptive to such grievances.There may be several layers within pieces <strong>of</strong>legislation that aim at different target groupsensuring that principles <strong>of</strong> equality and nondiscriminationare adhered to, whilst on ano<strong>the</strong>rlevel <strong>the</strong> legislation is drafted in a sufficientlysophisticated manner to cater for <strong>the</strong> needs fornuances and detail. Administering laws in smallclaims courts or informal tribunals entails dispensingwith some <strong>of</strong> <strong>the</strong> procedural safeguardsthat attend more formal legal proceedings, and<strong>the</strong> adjudicators in such forums may be lesscompetent. However, many <strong>of</strong> <strong>the</strong> legal issues <strong>of</strong>poor people are reasonably simple in legal terms<strong>the</strong> problem is that <strong>the</strong>y are met with overtly andunnecessary completed procedures that onlywork to exclude <strong>the</strong> poor from justice settlementmechanisms.One way <strong>of</strong> dealing with this is to provide peoplewith ‘simple’ and ‘sophisticated’ procedures nextto each o<strong>the</strong>r. Poor plaintiffs will <strong>the</strong>n be able tochoose <strong>the</strong> procedure <strong>the</strong>y find is most appropriateto <strong>the</strong>ir problem and circumstances. However,this requires clear consumer information, andnecessitates designing ‘simple’ procedures that38