2019Unpublished venueRequires access

Variations in Assessor Agreement in Due Diligence

Adam Roegiest, Anne McNulty

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Abstract

In legal due diligence, lawyers identify a variety of topic instances in a company's contracts that may pose risk during a transaction. In this paper, we present a study of 9 lawyers conducting a simulated review of 50 contracts for five topics. We find that lawyers agree on the general location of relevant material at a higher rate than in other assessor agreement studies, but they do not entirely agree on the extent of the relevant material. Additionally, we do not find strong differences between lawyers who have differing levels of due diligence expertise.

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What this paper is about

In legal due diligence, lawyers identify a variety of topic instances in a company's contracts that may pose risk during a transaction. In this paper, we present a study of 9 lawyers conducting a simulated review of 50 contracts for five topics. We find that lawyers agree on the general location of relevant material at a higher rate than in other assessor agreement studies, but they do not entirely agree on the extent of the relevant material. Additionally, we do not find strong differences between lawyers who have differing levels of due diligence expertise.

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Available abstract

In legal due diligence, lawyers identify a variety of topic instances in a company's contracts that may pose risk during a transaction. In this paper, we present a study of 9 lawyers conducting a simulated review of 50 contracts for five topics. We find that lawyers agree on the general location of relevant material at a higher rate than in other assessor agreement studies, but they do not entirely agree on the extent of the relevant material. Additionally, we do not find strong differences between lawyers who have differing levels of due diligence expertise.

Key concepts: Due diligence, Diligence, Agreement, Variety (cybernetics), Database transaction, Business, Accounting, Law

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