Statistics + Surveys and Lawyers Don’t Mix
Last month, in As World Embraces Statistics, Lawyers Sit on Sideline, I lamented the lack of statistical mindset in the legal market. Why should we care? One reason: statistics can…
Sizing the Alternate Fee Arrangement Market
The legal market is remarkable for its lack of solid market research. There is much discussion about alternate fee arrangements (AFA), for example, but little data about how extensive the…
Fixed Fees At Last?
Lawyers have discussed alternative fee arrangements (AFA) since at least 1989, when I first became a law firm manager. The economic crisis adds fuel to the supposed AFA fire. Now,…
Does the Legal Market Suffer the Same Over-Consumption as Health Care?
I have previously compared the health and legal professions, focusing on the evidenced-based approach in medicine and the appalling lack of anything like it in legal. Informed by the current…
Divining Meaning and Intent in the Modern Era
Dan Regard’s post The Fragmentation of the Communication Container at EDD Update blog raises important practical EDD considerations. Plus it suggests what metaphysical question about meaning. Dan writes that “methods…
As World Embraces Statistics, Lawyers Sit on Sideline
The world is rushing to embrace statistics. Not so lawyers. For Today’s Graduate, Just One Word: Statistics (New York Times, 6 August 2009) explains the rise of statisticians. “In field…
Managing v. Administering Outside Counsel
Is the legal profession unusual in its reliance on untested assumptions? I frequently point out that lawyers implicitly assume the human document review in e-discovery is reliable so I won’t…
A Step Closer to Rating Lawsuits?
In my Fall 2003 article, A Marketplace Trial, published in the litigation supplement to the American Lawyer, I argued that one could apply financial techniques to value and hedge lawsuits….
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