The role of data and analytics in law firm strategy

Litigation firms have seen the advent of new technologies, as well as the opportunities and threats that they pose, for more than a few years now, driven by the exponential rise in data and information that needs to be scrutinised as part of many disputes. At the same time, this is heightened by the burgeoning client need for better control of their litigation, including demonstrable and measurable litigation management. It has been imperative that competitive firms in the space not merely adopt these technologies but transform their practice.

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A long-term tech strategy to deliver transformation

For Paul Worth, ex Head of Litigation & Dispute Management at Eversheds Sutherland, the opportunity to transform that litigation function in the firm was both an immediate and significant challenge. Working closely with his executive leadership colleagues, a long-term strategy was developed for the disputes function. This comprised three core components that Worth outlined and which would deliver his tech transformation agenda. He commented, “This was a vital part of a comprehensive strategy that covered not just technology, but our people, our brand and our clients.”

Worth’s strategy looked at the sequential development of three critical elements that would transform the group’s approach to client service excellence.  

The first two limbs of this tech strategy focused on litigation technology and legal project management. The third part of the strategy emphasised data and analytics and explored the significant role of both in enhancing and evolving the client offering.

The principles adopted throughout the strategy focused on developing and bringing the key technologies and skills required in-house, to create unique, tailored solutions for their clients. They began by hiring a team of experienced professionals to support e-disclosure and document management related tasks for what was then a 400 strong disputes practice.

The process for selecting technologies followed a best-in-class supplier selection approach, involving robust trials and pilots led by project managers. It concluded with a meticulous review, not just of the technology itself, but also how it would be integrated into overall operational use.

The third limb of Eversheds tech strategy: data and analytics

While project management and e-disclosure technologies were seen as fundamental to immediate client challenges, the strategy around data and analytics was more visionary.

“We recognised that there was less of an ‘adapt or die’ factor to it. However, it was obvious to me that innovating in this space would be crucial to supporting how decisions would be made in a future, governed by increasing levels of oversight, reliance on data, and the need for measurable impact,” commented Worth.

Selecting the right data and analytics partners followed the same rigorous process, with an extensive and controlled pilot phase, followed by a comprehensive assessment as well as engagement and input from key Eversheds clients.

“It was client feedback that really helped us recognise just how valuable this was” said Worth. “The Solomonic platform stood out, leagues ahead of competitor offerings, and was described as the ‘best data available in the market.’”

Rollout of the Solomonic solution was firm wide and focused initially on the business intelligence applications of the data to the wide-ranging tasks of the Eversheds' team. This included data insights to support new business development initiatives, thought leadership content, and outcome-based case research, as well as due diligence on components of litigation, including judge, barrister and expert performance.

The second phase of the rollout focused on the data’s decision support value, most particularly related to advising clients on key questions regarding prospects, case length and past behaviour of participants.

For the first time, key analytics about a case are combined with other data and intelligence gathered for each dispute, becoming an integral part of the working material available for briefing the client. This combined dataset, coupled with leading data analytics, frames many of the crucial decisions that a client must navigate, aiding the direction of advice given by practitioners.

At the same time, internal data gathering has commenced in tandem with the project management component of the strategy. Key data points are being collected to build a comprehensive picture, not just of each case, but of the portfolio of disputes across the function.

For Paul Worth, the data strand of the strategy is a longer path and one that is at an earlier stage of the development cycle. However, he is convinced it will be an increasingly important tool which provides statistical context when advising clients.

Worth concludes, “Solomonic is one tool in our technology and analytics toolbox, and I can only see this intelligence becoming more and more important. Corporates are making increasingly data-driven decisions, and the challenge to support them will only grow. To me this is a critical part of the evolution of the Eversheds litigation proposition, and we look forward to working with Solomonic on this journey.”