Litigation research is essential to the practice of law. But many lawyers do not use litigation analytics, which can help them sift through historical data and better form their strategies. More should consider this option.
Litigation analytics provides lawyers with litigation-related data about courts, judges, lawyers, law firms, and companies. For example, it can provide information on how often a judge has granted certain types of motions, what kinds of cases a firm has litigated, or how experienced a lawyer is in handling a particular type of matter.
Despite these benefits, only 20% of respondents to Bloomberg Law’s 2021 Legal Technology survey reported their organizations use litigation analytics. And legal departments were even less likely to use litigation analytics than law firms.
The disparity between law firm and legal department respondents might exist because law firms are typically more directly involved in litigation, while legal departments will sometimes defer to outside counsel for this kind of strategic research.
Several reasons could explain why overall usage of litigation analytics is low, including:
- general lack of awareness of litigation analytics tools and their strategic benefits;
- organization-provided legal tech and research tools not including litigation analytics as a standard feature or option; and
- lack of training on statistics and data interpretation, which are important to effectively use litigation analytics.
Individuals in charge of legal tech procurement should learn more about litigation analytics to determine if it would benefit their organization. If so, they can consider different options to purchase these tools, which often come either as a stand-alone software product or service or as part of a legal research platform.
Organizations that procure litigation analytics tools should consider training and upskilling some of their staff in data and analytics to ensure they can correctly interpret litigation analytics data.
If an organization determines that litigation analytics could benefit their practice, implementing the right tools and appropriately training staff can help to maximize the return from these tools, potentially leading to stronger outcomes for their clients and their own businesses.
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Bloomberg Law Subscribers can find our Litigation Analytics tool and related content on our Litigation Intelligence Center page. Bloomberg Law Subscribers can find legal technology-related content on our In Focus: Legal Technology page.
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