Authorized Know-how

Niki Black

Nicole Black

There’s a treasure trove of litigation information that for years was just about inaccessible. Whereas courtroom rulings and filings have been obtainable and particular person paperwork might be accessed and seen, the know-how wanted to look and analyze the info and supply helpful, actionable data merely didn’t exist.

In 2018, that’s now not the case. The latest maturation of the foundational applied sciences wanted to help machine studying have made superior information analytics and complicated language processing potential on a scale by no means earlier than seen. Utilizing these instruments, huge quantities of knowledge might be sifted via, organized and analyzed in mere seconds.

These capabilities are significantly helpful within the litigation enviornment. Courtroom information and filings present a wealth of details about judges, their rulings, the litigants, their attorneys, professional witnesses and extra. That’s the place litigation analytics software program is available in. It accesses and harnesses related information units after which is smart of them and gives the person with the knowledge wanted to make knowledgeable selections in regards to the course of a litigation matter.

In fact, the outcomes offered by the software program are essentially affected by the standard of the info upon which they’re primarily based. As this idea is commonly described within the laptop science enviornment, “Rubbish in, rubbish out.” So it’s no shock that firms with enterprise fashions primarily based on the buildup of law-related data are rising as the first gamers within the litigation analytics house: LexisNexis, Bloomberg Legislation, and Thomson Reuters all provide litigation analytics software program. (Be aware that I’m a Thomson Reuters creator). There are additionally stand-alone litigation analytics software program suites, which I’ll talk about beneath.

A variety of several types of analytics instruments can be found from the completely different distributors that present a bunch of insights into completely different features and gamers within the litigation course of.

Decide analytics instruments provide perception into the rulings and decision-making processes of judges, and infrequently present perception into whether or not a selected sort of movement will probably be profitable if introduced earlier than a given choose. Legislation agency analytics present an evaluation of knowledge regarding a given legislation agency’s prior litigation historical past, together with case outcomes, shoppers represented and the legal professionals assigned to given instances.

Firm analytics contains information relating to an organization’s litigation historical past, together with lawsuits, outcomes and the legislation companies that dealt with the litigation. Professional witness analytics usually cowl information about professional witnesses’ involvement in previous litigation, together with their CVs, which events they testified for and whether or not their testimonies (or elements of it) have been excluded. Lastly there may be case analytics, which focuses on particular forms of instances and contains information on the variety of instances filed, the size of the time that the case was pending in courtroom and appearances within the instances.

Now that you’ve got an understanding of the forms of information coated and the way the info is analyzed, let’s dive into the software program. Listed below are six choices to contemplate in case your legislation agency is available in the market for litigation analytics software program: However be aware that every product solely contains the evaluation of sure forms of information. Additionally, until in any other case indicated, the pricing data for these merchandise is just not obtainable on their web sites.

First, there’s Bloomberg’s Litigation Analytics, which incorporates analytics on a number of completely different classes of knowledge. This analytics suite contains Firm Analytics, which incorporates information from U.S. district courtroom and courtroom of appeals dockets from 2007 ahead; Decide Analytics, masking information on federal district courtroom judges; Legislation Agency Analytics; Movement Outcomes and Attraction Outcomes Analytics, that are primarily based on Bloomberg Legislation’s Courtroom Opinion and BCite data; and Size of Case and Appearances & Case Sorts Analytics, that are primarily based on U.S. district courtroom dockets from 2007 ahead, excluding felony dockets and prisoner petitions.

Lexis Analytics, which was simply introduced in mid-July and will probably be rolled out to all clients in September, will embody Context, which provides in-depth choose analytics and professional witness analytics. I used to be proven a demo of Context and located that it gives this data in a really user-friendly, clear interface. Context applies refined language processing to offer analytics gleaned from the next information units: courtroom information for all federal courts; appellate and supreme courts for all 50 states; and a rising record of trial courts, together with case legislation and courtroom orders. Additionally included in Lexis Analytics will probably be Lex Machina, which is already obtainable as a Lexis product individually and provides insights into case timing, resolutions, treatments, findings and damages. Lex Machina analyzes information from the next sources: 10 areas of federal courts (together with antitrust, bankruptcies, business, employment, product legal responsibility, securities, trademark and commerce secrets and techniques), the Delaware Courtroom of Chancery and authorities databases for ITC, United States Patent and Trademark Workplace, and the Patent Trial and Attraction Board.

Westlaw Edge, which is being provided as a Westlaw subscription improve, was additionally simply introduced in mid-July, and a litigation analytics instrument will probably be provided as a part of that software program suite. Analytics are offered relating to judges, courts, attorneys, legislation companies and case sorts. It covers dockets for each federal case sort apart from chapter and contains information from eight million federal instances.

Premonition’s Legal Analytics gives analytics on legal professionals, judges and courts, firms, legislation companies, and professional witnesses and arbitrators. Its database covers most state and all federal courts, and in addition provides information on courts in the UK, Eire, Australia, the Netherlands and the Virgin Islands.

Two different comparatively new entrants into the house are Gavelytics and Docket Navigator. Gavelytics gives judicial analytics. Presently just some California superior courts are coated, though there are plans so as to add extra jurisdictions.

Docket Navigator gives U.S. district courtroom analytics for patent, copyright, trademark and antitrust issues. It additionally contains the power to obtain docket alerts and provides a cellular app. For a single person, entry to the patent database analytics is $72 per 30 days and entry to the copyright, trademark, and antitrust databases prices a further $44 per 30 days for every library. The month-to-month worth per person decreases through a tiered system as extra customers are added, capping with an enterprise fee at $1,580 per 30 days for entry to the patent database and a further $950 per 30 days for entry to every of the opposite three databases.

Now that you’ve got a deal with on litigation analytics software program, the following step is to determine which product is the fitting match. If a free trial is obtainable, be sure that to benefit from it. Or on the very least, watch a demo so as to get a greater sense of how the software program works and whether or not the knowledge offered contains the kind(s) of analytics that you simply’re looking for. And when you’ve chosen the fitting instrument to your wants, you’ll be properly in your strategy to making the most of superior information analytics designed that will help you take advantage of strategic and knowledgeable litigation selections potential


Nicole Black is a Rochester, New York, legal professional, creator, journalist and the authorized know-how evangelist at MyCase, authorized observe administration software program for solo and small-firm legal professionals. She is the nationally acknowledged creator of Cloud Computing for Legal professionals, and he or she co-authored Social Media for Legal professionals: The Subsequent Frontier. She additionally co-authored Legal Legislation in New York, a Thomson West treatise. She writes common columns for ABAJournal.com, The Each day Document, Above the Legislation and Authorized IT Professionals, has authored a whole lot of articles and usually speaks at conferences relating to the intersection of legislation, cellular and cloud computing, and internet-based know-how. She might be contacted at [email protected].


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