We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Litigation Analysis?

By C. Mitchell
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Most of the time, attorneys and law firms have a choice when it comes to participating in a lawsuit. They examine a case, look at its merits and likelihood of success, and decide if it is worth their time and energy to represent the client. If they do take the case, they often have some leverage when it comes to choosing the court in which to file. Litigation analysis is a broad practice that strives to make these choices easier by examining statistics related to past successes, court histories, and average damage awards by court and judge. Litigation analysis is performed both for lawyers and for courts, and for each serves as a valuable benchmark of litigation data.

The majority of litigation analysis is performed for law firms. When a client comes in with a case, the firm will want to have some understanding of how hard the case will be to represent, as well as how likely the case is to succeed. Often times, lawyers can make these deductions based on their own past experiences and familiarity with a certain sector of law. The more complicated the case, however, the more the firm will want to be sure that investing the time, energy, and resources of its associates will yield a favorable outcome. Particularly if the firm is working on a contingency basis, meaning that they will only be paid a percentage of the client’s winnings, making sure the case is worth the cost is of paramount importance.

Sometimes, a law firm will assign a team of lawyers to engage in litigation analytics for a given set of facts. Other times, the firm will elect to hire an outside litigation analysis company. Professional litigation analysts make their living by contracting out their analytical services, and doing litigation consulting.

Litigation analysis performed at the case acceptance stage focuses on litigation risk analysis. It looks at similar cases in the same jurisdiction, and compiles data on damage awards, length of time of trial, and ultimate overhead costs, among other things. The report may also include data from negotiation analysis, particularly if the firm is considering settling the case.

Analysts may also come onto the scene after a case has been accepted in order to determine where to file it. Sometimes, but not always, plaintiffs have a choice of where they can file their complaint. Some courts are generally more sympathetic to certain kinds of cases than others, which is where the analysis comes in. Court-centered analysis compiles data based on all similar cases that have been filed in the available courts over the past few years and generates statistics on where the case at hand is most likely to do the best.

Courts themselves often engage in this sort of litigation analysis, both as a way to be sure that their outcomes are balanced as well as a way to detect judicial impartiality or bias. Analysis of courts is typically composed by evaluating all cases that have come through the courts during a set period of time. The results are sorted by judge, by fact-pattern, and by outcome. Most of the time, the results of these studies are public records, but depending on the circumstances of the study, they may not be.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.