CLE-TV Data Based Decision Making in Litigation 2020


Course Date: March 4, 2020

Total: 1h 32min
Total Ethics: 15min

Taking a Quantitative Approach to Litigation

Why is Quantitative Analysis Important for Lawyers?

Introduction

  • the present use of computational approaches to lawyering using statistics and quantitative approaches
  • what do we mean by quantitative approaches?
  • case or narrative analysis versus empirical analysis
  • predictive coding uses computational approaches to forecast relevance of documents
  • BlueJay Legal uses computational approaches to forecast relevance of cases

The Future is Not So Far Out

  • "AI" or computational approaches to practice
  • IBM Watson and other AI platforms for legal

Statistics 101Back to High School

Descriptive StatisticsA High School Review

  • the importance of knowing the uses of averages, medians, and modes
  • your "worst case" and "best case" scenarios: maximums and minimums
  • how "skew" should inform uncertainty and forecasting
  • example: descriptive statistics to describe wrongful dismissal awards
  • example: descriptive statistics to describe Charter exclusion application success
  • example: descriptive statistics to describe enforceability of restrictive covenants

Using Statistics to Inform

  • using graphs and charts to persuade
  • using timeline charts to show chronologies
  • example: illustrating potential penalty awards in a regulated industry

Using Decision Trees and Bayesian Logic to Model Outcomes

What is a Decision Tree

  • nodes
  • branches
  • probabilities
  • outcomes and payoffs
  • putting the concepts together
  • example: using a Decision Tree to model a civil litigation claim
  • example: using a Decision Tree to model a criminal case
  • summary

Forecasting in a Litigation Context

  • the distinction between variability and uncertainty
  • using scenario analysis to account for uncertainty
  • using Monte Carlo simulations to account for uncertainty
  • example: using scenario analysis to predict legal budgets
  • example: using Monte Carlo simulation to predict legal budgets
  • example: combining Decision Trees and Monte Carlo simulation to forecast litigation outcomes

Questions and Concluding Comments