I have been reading about and speaking with folks concerning a new area of scholarship and inquiry involving the application of mathematical analyses to legal questions. In the past, those of us who labored in the litigation vineyards would sit the client down, estimate the highest value of a case, the probability of success along with the transactional costs and seek client buy-in on a strategy of when and how far to push and when to cut and run.
It was as much intuition as math, because we were usually applying our own gestalt to such factors as whether a jury would like or hate our client, find our claims viable or outrageous, or agree that our demands for compensation were reasonable and not inflated. Now, some are telling us they can do the same thing using very sophisticated statistical analyses with a much higher degree of success.
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