The Benefits of Using Litigation Data To Select Outside Counsel

Selecting outside counsel has become an increasingly strategic decision for corporate legal departments facing rising litigation costs. Legal departments are no longer relying primarily on traditional qualitative assessments, such as reputation or longstanding relationships, according to a LexisNexis article. Instead, they are adopting more structured evaluation methods using litigation data to select outside counsel.

A comprehensive evaluation begins by examining whether a prospective law firm has experience directly aligned with the matter at hand. General litigation credentials alone may not be sufficient when disputes involve a specific jurisdiction, a particular judge, or complex legal issues. Legal departments should focus on a firm’s history before the assigned judge, its experience in relevant trial and appellate courts, and its record handling cases of similar complexity and financial exposure. Using litigation analytics enables decision makers to evaluate demonstrated experience, creating a stronger foundation for selecting outside counsel.

While referrals, rankings, and notable wins can provide useful context, they don’t offer a complete picture of overall performance. Reviewing broader metrics, such as trial appearances, jury verdicts, damages awarded, summary judgment outcomes, appellate results, and time required to resolve cases, provides a more balanced assessment of a firm’s litigation profile. These measures help legal teams evaluate prospective counsel based on sustained performance across comparable matters. 

Although past performance cannot predict future outcomes when comparing potential law firms, using historical litigation data to select outside counsel provides valuable context. As litigation becomes more complex and expensive, legal departments benefit from evaluating counsel based on measurable experience, relevant case history, and objective performance indicators. Combining qualitative judgment with empirical data enables more informed decisions about selecting outside counsel.