Big Data

Is Big Data Changing How We Litigate Cases?

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Individual court cases, while typically drawing on similar, prior cases, are by nature unique, but despite their discrete existence, data from other cases can provide litigators with a powerful advantage. From analyzing the composition of juries to building stronger law firms and analyzing case facts, big data is changing the way litigators practice law.

Assessing Case Facts

One of the most powerful tools that modern law firms have access to are libraries of past cases that can be used to inform current arguments. Pushing practice far beyond what’s possible by looking at legal precedents, big data allows firms to use these past cases more strategically. As described by the technology firm Gartner, big data begins with low-value information (hindsight), uses those past cases to gain insights, and predicts future outcomes through a process of foresight and optimization.

Practically speaking, these technologically driven insights help lawyers understand what makes new cases different from past ones and draws on all of that data to identify the best path forward. This is in large part because, as Texas attorneys M. Scott Brown & Associates note regarding their own practice, the role of any good lawyer is to “analyze factual and legal issues, look for fatal flaws.” For …

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