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Exploring the use of predictive analytics in litigation
SHERRY KARABIN
Legal Tech News
Published: July 18, 2025
Settle or go to trial? It’s a question that litigators face on a regular basis.
If the case carries risks, legal wisdom often leads lawyers to lean toward settlement. But as attorneys Ashley Hallene and Jeffrey M. Allen discuss in their October 2024 post on the Senior Lawyers Division of the American Bar Association website (https://www.americanbar.org/groups/senior_lawyers/resources/voice-of-experience/2024-october/using-ai-for-predictive-analytics-in-litigation/), AI-powered predictive analytics is changing the traditional playing field, providing attorneys who embrace the technology with a strategic advantage in their decision-making process.
In their post entitled “Using AI for Predictive Analytics in Litigation,” Hallene and Allen discuss how the technology works and the ways in which it can help lawyers make informed decisions about whether to go trial and improve case strategies.
As they explain, predictive analytics uses AI and machine learning algorithms to analyze and dissect large datasets, such as prior rulings, case law, statutes and jury behaviors, with the objective of helping to predict future outcomes of cases that guide attorney strategies by identifying patterns and trends.
In addition to forecasting whether a case is likely to settle, go to trial, win, lose etc., the technology can highlight potential weaknesses in a case and provide insight on timelines and costs.
Hallene and Allen said predictive analytics can be utilized in various stages of the decision-making process.
For example, after an initial consultation with a client, the tools can be employed to analyze and compare the information gathered to historical data from similar cases to predict likely outcomes in the current one, i.e. winning or losing and potential settlement amounts. This can assist attorneys in setting realistic expectations and costs for the client.
The technology can also improve evolving case strategies by offering attorneys insight into the assigned judge’s past rulings in similar cases and opposing counsel’s strategies. The tools can help identify key factors that influence settlement outcomes, including the nature of the dispute.
For those who decide to use predictive analytics, choosing the right platform is key.
The authors suggest that attorneys pick one that utilizes comprehensive, up-to-date legal databases that have access to long-term historical data.
Lawyers should also ensure the platform covers the jurisdictions that are relevant to their practices and demo the technology to evaluate the accuracy of the predictions.
The authors recommend selecting a platform that is customizable, flexible and user-friendly, and most importantly, one that adheres to the highest data privacy and security standards so all client information is protected.