Morrison on Metrics: Get it through your thick head
Homo sapiens brains have evolved such a way that theyre ill-suited to cope with large numbers.
November 14, 2011 at 06:14 AM
3 minute read
The original version of this story was published on Law.com
Legal department managers routinely face challenges due to human beings' seemingly built-in cognitive limits on how well they deal with some numerical aspects.
Consider big numbers. Unless well-trained or possessed of an individual proclivity, most of us can't grasp the extent of 10,000 documents very well let alone $10 million of legal fees. For example, 1 billion $1 dollar bills stacked up would be 47 miles high, but that doesn't really help us.
Homo sapiens just don't seem equipped with brains that have evolved to cope with numbers in the thousands, let alone many times bigger. Probably most of us toss around such large numbers—GDPs in the trillions, revenues in the billions, settlements in the hundreds of millions, law firm fees in the millions—yet deep down we aren't comfortable with the magnitude of numbers at those scales. We cope but we don't intuitively grasp them.
Nor are we adept at appreciating the implied level of accuracy of numbers. The expectation is that a number's accuracy is given by its last non-zero digit starting from the right. For instance, 5,400 is plus or minus about 100; 3,500,000 could be off by 100,000, but an inside legal budget of $3,502,989 had better be spot on.
It means that benchmarks that say 54.6% of all general counsel believe thus and so are probably exaggerating their precision. We tend to take many numbers on faith and not subject them to commonsense scrutiny.
Ponder for a moment a third mental wall many can't climb over. Why do lawyers of all stripes find averages easier to deal with than more reliable medians, even though very large or very small outliers throw off the representativeness of averages?
It just seems easier to grasp the result when you add a bunch of figures and divide by how many there are (the average) than to sort them from high to low and pick the number half way down from the top (the median). We just aren't hardwired with that facility.
And pity the in-house staffer who confronts standard deviations. It more than confuses people to think of subtracting lots of numbers from the average of all of them and then squaring that result before finding the square root (square root, as in root canal?). So too do ratios, such as dollars of revenue per legal staff, give us pause … or cold sweats. Ratios don't readily translate into graspable, useful metrics for some people.
My point is that hardwired functions in our brains have not evolved to where we feel at home with some kinds of numbers—very large numbers, estimates of numbers, dispersions of numbers and roots of numbers. Those who produce metrics have a special burden to translate their findings in ways that our sometimes ill-suited brains can wrap around.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLawyers Drowning in Cases Are Embracing AI Fastest—and Say It's Yielding Better Outcomes for Clients
GC Conference Takeaways: Picking AI Vendors 'a Bit of a Crap Shoot,' Beware of Internal Investigation 'Scope Creep'
8 minute readWhy ACLU's New Legal Director Says It's a 'Good Time to Take the Reins'
Trending Stories
- 1Stevens & Lee Names New Delaware Shareholder
- 2U.S. Supreme Court Denies Trump Effort to Halt Sentencing
- 3From CLO to President: Kevin Boon Takes the Helm at Mysten Labs
- 4How Law Schools Fared on California's July 2024 Bar Exam
- 5'Discordant Dots': Why Phila. Zantac Judge Rejected Bid for His Recusal
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250