
It’s the Incentives, Stupid
In a couple of hours, my wife will be having a pointed discussion with the local tax assessors over the value of her apartment. The condos in our building vary a whole lot in size, layout, and many other features. But guess what? It turns out that the thing that best predicts the sale price is the number of square feet in the condo. If you know that number, then you have a very good idea of the condo’s fair market value.
Why in the world make that point? Because, let me humbly submit, while people vary in all sorts of ways, the one thing that best predicts their behavior is their incentives.
I was in Big Law for a long time. Some of the people I knew were fine human beings. Some, I’m sorry to say, had the morality of a sea slug. But, like the rest of the human race, most of them were somewhere in the middle, morality-wise.
I am confident that, for some of those who wrote and promoted the New York City Bar Association’s statement on the Adams case, promoting justice and good government was a driving concern. I am equally confident that the objective incentives of the Bar Association’s members was a driving force, as well.
Let me put it bluntly.
If the legal system breaks down, ain’t nobody gonna pay you no $2.5 million for your skilful manipulation of the legal system.Â
