DISCLOSURE OF INFORMATION AND INCENTIVES FOR CARE

This article studies discovery rules that govern pretrial disclosure o f private information in legal disputes. We analyze the effect of disc overy rules on the incentives for accident prevention by potential inj urers. Two discovery procedures are considered: Under private disclosu re, the plaintiff has the right to compel discovery (e.g., with the he lp of an expert). Under public disclosure, the plaintiff can ask for d iscovery by a public authority. We argue that if government officials act in the public interest, public administration is best suited to co mpel the disclosure of private information.