Herbert Smith Freehills has launched a pilot to evaluate how data extracted from judgments and smart analytics might help prepare clients facing litigation.
The firm has partnered with Solomonic, a data and analytics platform, to provide its lawyers with hard data and analytics on all the sitting judges in the Commercial Court – as well as the most recent eight retirees – going back more than fifteen years.
Combined with the litigation experience Herbert Smith Freehills’ lawyers have and existing analytical tools already in use by the firm to assist in strategic decision-making, this new tool will enable the firm’s lawyers to map-out the historic pattern of rulings for particular judges.
The platform will also allow the firm to cut the data to analyse judicial decisions by: type of case or application; the relationships between outcomes and factors such as counsel team size, make-up and the type of evidence involved; attitudes towards styles of legal submissions, expert evidence and practitioner texts; and the different judges’ track records on appeals.
Led by Herbert Smith Freehills Partners Alex Oddy and Donny Surtani, the pilot will be used to assist with tactical decision making around an approach to a matter and used as added statistical support when advising clients.
Commenting on the pilot, Donny said: “We help our clients with a wide range of large-scale commercial litigation across the globe. Providing pragmatic advice that is supported by rigorous data and analytics will assist us in supporting them in managing those disputes, confident that we will guide them to the most commercial resolution.
“Increasingly, litigation decisions in the USA and other jurisdictions are being informed by robust data and statistical analysis. This is an opportunity for us to bring the same thinking and approach to the English High Court.”
Solomonic Co-Founder Gideon Cohen added: “We are delighted to be working so closely with Herbert Smith Freehills. In addition to their global reputation, their business orientation makes them a natural proponent of a data supported approach to managing disputes.
“We know that litigation work consists of a series of complex and finely balanced decisions. Utilising our smart data and analytics dashboard adds valuable statistical context and insight at each of those key decision-points. All of that adds up to a very material advantage when seen across the lifetime of a case.”