Barney Thompson’s exploration of the application of data to litigation (Lawyers play ‘Moneyball’, February 7) was a fascinating insight into the possibilities afforded by big data, yet also a reminder that the profession must not focus its intellect on legal intricacy at the expense of the client’s objective. Our own experience was that by analysing claims at the point of instruction it was possible over time to identify patterns which were subsequently targeted and mitigated. Some commercial counterparties, for instance, had a statistically demonstrable love of getting their day in court.
By addressing these it is possible to get upstream of the problem and drive greater long-term value. However, it requires change for both the buy and supply sides. Only by adopting a consistent process for instructing litigation can reliable, interrogable data sets be established — and that means perceiving law as a process more than an art form. There is a bright future for those lawyers and clients who can make this cognitive shift and collaborate on data to deliver better client outcomes.
Pinsent Masons, Executive Board Member, London EC2, UK
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