The Malpractice of Hunches: Data Analytics

Clients ask lawyers the most important questions facing their families and trust lawyers for their expertise. But lawyers answer these questions, for the most part, based on limited experience (at best) or hunches (at worst).

Businesses analyze data for every part of their business, from marketing and supply chain to personnel and sales – every part except law.

As clients seek to make more data-driven decisions, what obligation do law firms have to collect and refine data about opposing parties, judges, outcomes, and costs?  Under the Model Rules of Professional Conduct, are lawyers obligated to employ and supervise artificial intelligence and data analytics tools?