# kaal:claim:617681-019

**Claim.** European lawyers may advise clients to incorporate at home simply because those lawyers do not want to deal with the courts and lawyers of another Member State, which suppresses cross border incorporation independently of statute quality.

**Type.** failure  **Support.** argued

**Holds when.**

- European legal education and practice, where procedural differences across Member States are large

**Source quote.**

> European lawyers thus may advise clients to incorporate at home simply because these lawyers do not want to deal with the courts and lawyers of another Member State.

**From.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, *Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro* (2004), D.I.3 Procedural Differences, page 27

**Cite as.** Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

**Verify.** sha256 of source PDF `e142130507ea2f5b025fd97b3f762d44ee3a7aaa82b155aab63434b85e8fd834` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kirchner%20et%20al.%20-%202004%20-%20Regulatory%20Competition%20in%20EU%20Corporate%20Law%20after%20Inspire%20Art%20Unbundling%20Delaware%27s%20Product%20for%20Euro.pdf

**Failure mode.** advisor-home-bias  (family: agency-cost-and-managerial-opportunism)

**Topics.** law-and-legal-systems, education-and-practice, risk-and-incentives

**Keywords.** legal-profession, procedural-differences, advisor-incentives, reincorporation

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