Predicting the “Unpredictable”: The Power of Litigation Analytics

Litigation is chaos—it’s crammed with uncertainties, hazards, and surprises. As lawyers, we’re constantly trying to predict the future. Whose witnesses will be more believable? What damages will be awarded if we lose? How long will the case last? What will it cost? What are the chances this judge will grant summary judgment? When properly analyzed, the right data can arm lawyers with the information and insights they need to answer these and many other important questions. Like it or not, we are forecasters (and statisticians and mathematicians). It may not be what we went to law school for, but it’s what is called for by our jobs. Our forecasts drive our decision making. Better forecasts mean better judgments and better decisions, which, in turn, drive superior results. Lawyers who embrace this principle have an unmistakable advantage over those who don’t.

Here’s the problem: in this era of Big Data, where most businesses have grown more reliant on data and metrics, the legal profession has lagged behind. When it comes to litigation, the traditional definition of “expertise” has nothing to do with analytics or forecasting. Rather, we regard attorneys as “experts” when they are conversant with every case, statue, or regulation that could apply to a particular situation. But there are dozens of other opportunities for in-house and outside lawyers to use data to create powerful, defensible, and winning insights concerning litigation and resolution strategies.