Using Data Analytics Tools to Supplement Traditional Research and Analysis in Forecasting Case Outcomes

6 Pages Posted: 29 Mar 2015 Last revised: 29 Jun 2015

See all articles by Mark K. Osbeck

Mark K. Osbeck

University of Michigan Law School

Date Written: March 27, 2015

Abstract

The legal profession appears to be on the brink of a major transformation, as new data analytics tools promise to revolutionize the ways lawyers practice law. One important aspect of this transformation is case forecasting -- that is, the way lawyers evaluate potential case outcomes. When a lawyer decides whether to initiate a new lawsuit, for example, or whether to settle an existing lawsuit, the lawyer must try to accurately assess the likely outcome of the case were it to proceed in litigation. This article examines the future role of data analytics in case forecasting, including its interplay with the method of predictive analysis lawyers have traditionally employed. This analysis has important implications not only for the practice of law, but also for legal pedagogy, which will need to conform to these expected changes in legal practice.

Keywords: data analytics, predictive analytics, big data, law, legal analysis, legal research, legal writing, predictive analysis, prediction, forecasting, legal memoranda, predictive memoranda, office memoranda, legal practice, legal pedagogy, law teaching, practice of law, litigation, future, algorithms

JEL Classification: K41

Suggested Citation

Osbeck, Mark K., Using Data Analytics Tools to Supplement Traditional Research and Analysis in Forecasting Case Outcomes (March 27, 2015). U of Michigan Public Law Research Paper Series No. 446. Available at SSRN: https://ssrn.com/abstract=2586191 or http://dx.doi.org/10.2139/ssrn.2586191

Mark K. Osbeck (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Legal Research Bldg 912
Ann Arbor, MI 48109-1215
United States
734-764-9337 (Phone)
734-764-8309 (Fax)

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