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Florida Law Review

Journal

2016

Articles 1 - 2 of 2

Full-Text Articles in Law

Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner Oct 2016

Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner

Florida Law Review

Attorney bargaining has traditionally taken place in the shadow of trial as litigants adjust tactics-and their inclination to negotiate a settlement-based on their forecast of the outcome of a trial and its associated costs. Lawyers bargaining on the verge of trial have traditionally relied on their intuition, knowledge of precedent, and previous interactions with the presiding judge and opposing counsel to forecast trial outcomes and litigation costs. Today, however, technology that leverages legal data is moving the practice of law into the shadow of the trends and patterns apparent in aggregated litigation data. This Article describes the tools that facilitate …


Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner Oct 2016

Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner

Florida Law Review

Attorney bargaining has traditionally taken place in the shadow of trial as litigants adjust tactics-and their inclination to negotiate a settlement-based on their forecast of the outcome of a trial and its associated costs. Lawyers bargaining on the verge of trial have traditionally relied on their intuition, knowledge of precedent, and previous interactions with the presiding judge and opposing counsel to forecast trial outcomes and litigation costs. Today, however, technology that leverages legal data is moving the practice of law into the shadow of the trends and patterns apparent in aggregated litigation data. This Article describes the tools that facilitate …