Blog Archives
Legal Analytics and the Evolving Practice of Law
July 4, 2020
For example, results from the 2020 Legal Analytics Study by ALM Intelligence and LexisNexis showed 70% of law departments and law firms had access to legal analytics, up from only 38% in 2017. Looking deeper into those results, I noted two main — and I should note, external — drivers that accelerated the adoption rate: competitive pressures and client expectations. Eric Falkenberry, a partner at DLA Piper who manages litigation risk through data mining, litigation analytics and predictive...
July 4, 2020
For example, results from the 2020 Legal Analytics Study by ALM Intelligence and LexisNexis showed 70% of law departments and law firms had access to legal analytics, up from only 38% in 2017. Looking deeper into those results, I noted two main — and I should note, external — drivers that accelerated the adoption rate: competitive pressures and client expectations. Eric Falkenberry, a partner at DLA Piper who manages litigation risk through data mining, litigation analytics and predictive...
Remove underperformers? Increase cash? New law firm survey shows changing views
July 3, 2020
Law firms responding to survey questions about a hypothetical recession became more willing to take tough measures as the COVID-19 crisis worsened, according to recent survey findings by legal consulting firm Altman Weil. • Before March 22, 60% said they would remove underperformers in a moderate recession. After that date, 71% said they would remove underperformers. • Before March 22, 21% said they would reduce hiring of first-year lawyers in a recession. After that date, 39% said they...
July 3, 2020
Law firms responding to survey questions about a hypothetical recession became more willing to take tough measures as the COVID-19 crisis worsened, according to recent survey findings by legal consulting firm Altman Weil. • Before March 22, 60% said they would remove underperformers in a moderate recession. After that date, 71% said they would remove underperformers. • Before March 22, 21% said they would reduce hiring of first-year lawyers in a recession. After that date, 39% said they...
Judicial Adjuncts in Multidistrict Litigation: from Special Masters to Claims Administrators
July 2, 2020
Back in 2019, the American Bar Association (ABA) called for courts to appoint special masters regularly in MDLs. Its report claimed that multidistrict proceedings in particular could “benefit from specialized expertise,” and that “[e]ffective special masters reduce costs by dealing with issues before they evolve into disputes and by swiftly and efficiently disposing of disputes that do arise.” The ABA’s resolution thus urged judges to appoint special masters in complex cases...
July 2, 2020
Back in 2019, the American Bar Association (ABA) called for courts to appoint special masters regularly in MDLs. Its report claimed that multidistrict proceedings in particular could “benefit from specialized expertise,” and that “[e]ffective special masters reduce costs by dealing with issues before they evolve into disputes and by swiftly and efficiently disposing of disputes that do arise.” The ABA’s resolution thus urged judges to appoint special masters in complex cases...
COVID v. The Status Quo
July 1, 2020
Covid-19 has forced a traditionally conservative profession to adopt new technology — the results are getting mixed verdicts. In her mid-30s and a little over a decade out of law school, Bexar County District Judge Monique Diaz is no old hat. Yet, when asked about the adoption of videoconferencing technology that has swept through court systems nationwide, Diaz said she was struck by how quickly her colleagues and local lawyers adapted to Zoom — the district court’s platform of choice. “This...
July 1, 2020
Covid-19 has forced a traditionally conservative profession to adopt new technology — the results are getting mixed verdicts. In her mid-30s and a little over a decade out of law school, Bexar County District Judge Monique Diaz is no old hat. Yet, when asked about the adoption of videoconferencing technology that has swept through court systems nationwide, Diaz said she was struck by how quickly her colleagues and local lawyers adapted to Zoom — the district court’s platform of choice. “This...
The Impact of the Pandemic Shutdown on New Case Filings in State Courts
June 30, 2020
The COVID-19 pandemic halted non-essential social and economic activities including the day-to-day operation of courthouses. During the shutdown, courts adopted special guidelines for providing essential legal services (e.g., bond hearings, temporary restraining orders). Some courts encouraged the use of electronic filings while others emphasized physical dropboxes. Lex Machina surveyed its current state civil trial court modules to examine how the pandemic shutdown impacted new case filings in state...
June 30, 2020
The COVID-19 pandemic halted non-essential social and economic activities including the day-to-day operation of courthouses. During the shutdown, courts adopted special guidelines for providing essential legal services (e.g., bond hearings, temporary restraining orders). Some courts encouraged the use of electronic filings while others emphasized physical dropboxes. Lex Machina surveyed its current state civil trial court modules to examine how the pandemic shutdown impacted new case filings in state...
Houston-Area Lawyers’ New Civil Case Filings Fell up to 78% in April, May
June 29, 2020
New case filings in Houston and one of its suburbs dropped substantially in April and May as people hunkered down during the coronavirus pandemic, according to a new report. In Harris County, which includes Houston, the district courts saw a 27% decrease in civil case filings in April and a 28% decrease in May compared with the same months last year, said the report by Lex Machina, a legal data analytics company. In the Harris County county courts, there was a 68% drop in April and a 62% drop...
June 29, 2020
New case filings in Houston and one of its suburbs dropped substantially in April and May as people hunkered down during the coronavirus pandemic, according to a new report. In Harris County, which includes Houston, the district courts saw a 27% decrease in civil case filings in April and a 28% decrease in May compared with the same months last year, said the report by Lex Machina, a legal data analytics company. In the Harris County county courts, there was a 68% drop in April and a 62% drop...
COVID-19 Planning Guide For Universities and Law Schools
June 28, 2020
Johns Hopkins Bloomberg School of Public Health, COVID-19 Planning Guide and Self-Assessment for Higher Education (June 15, 2020): Globally, institutions of higher education are facing unprecedented challenges related to Coronavirus Disease (COVID-19). The resulting academic, financial, ethical, and operational questions are complex and high-stakes. The COVID-19 pandemic may represent an inflection point, fundamentally altering how we work, socialize, and learn. The authors of this...
June 28, 2020
Johns Hopkins Bloomberg School of Public Health, COVID-19 Planning Guide and Self-Assessment for Higher Education (June 15, 2020): Globally, institutions of higher education are facing unprecedented challenges related to Coronavirus Disease (COVID-19). The resulting academic, financial, ethical, and operational questions are complex and high-stakes. The COVID-19 pandemic may represent an inflection point, fundamentally altering how we work, socialize, and learn. The authors of this...
Technology Mediated Dispute Resolution (TMDR): A New Paradigm for ADR
June 27, 2020
Technology is changing the way that children are communicating (particularly elementary and pre-school aged children), and these changes have significant implications for alternative dispute resolution processes and practices. Although ADR practitioners and theorists are not ignoring technology, we have focused almost exclusively on the question of how we can use technology to enhance our existing practices. We are not paying sufficient attention to the fact that young children are communicating...
June 27, 2020
Technology is changing the way that children are communicating (particularly elementary and pre-school aged children), and these changes have significant implications for alternative dispute resolution processes and practices. Although ADR practitioners and theorists are not ignoring technology, we have focused almost exclusively on the question of how we can use technology to enhance our existing practices. We are not paying sufficient attention to the fact that young children are communicating...
Many Law Firms Spared Worst of Covid-19 Crisis: Wells Fargo
June 26, 2020
Big Law has taken an economic hit during the coronavirus pandemic, but a new Wells Fargo Private Bank survey suggests that firms so far have avoided the level of pain that’s been inflicted on other industries. Law firms reported a 10.4% decrease in demand in May when compared to the same month in 2019, but a strong first quarter meant that overall demand only dropped 1.4% over the first five months of 2020, according to the new survey by Wells Fargo’s Private Bank Legal Specialty Group. Wells...
June 26, 2020
Big Law has taken an economic hit during the coronavirus pandemic, but a new Wells Fargo Private Bank survey suggests that firms so far have avoided the level of pain that’s been inflicted on other industries. Law firms reported a 10.4% decrease in demand in May when compared to the same month in 2019, but a strong first quarter meant that overall demand only dropped 1.4% over the first five months of 2020, according to the new survey by Wells Fargo’s Private Bank Legal Specialty Group. Wells...
Federal Court Findings During COVID-19
June 25, 2020
This section highlights changes in the progression of cases through the court system. Specifically, these charts show the number of cases with a Finding (i.e., court-enforceable determination) at a particular judgment event occurring within the relevant time periods. These are the Findings that Lex Machina tracks based on our practice areas, e.g. "Breach of Contract" or "FLSA Violation." Visit Findings documentation to learn more. This app highlights some key metrics of the federal district...
June 25, 2020
This section highlights changes in the progression of cases through the court system. Specifically, these charts show the number of cases with a Finding (i.e., court-enforceable determination) at a particular judgment event occurring within the relevant time periods. These are the Findings that Lex Machina tracks based on our practice areas, e.g. "Breach of Contract" or "FLSA Violation." Visit Findings documentation to learn more. This app highlights some key metrics of the federal district...
