A fresh take on applying decision trees to case assessments in litigation

Charles Dobson, Gillian S.G. Scott, Mark Sheeley, Jennifer Thompson

Nov 7, 2022

In today’s fast-paced world, clients of legal firms need to understand risks and be able to obtain information about their case as quickly and efficiently as possible. Decision trees can help clients with the understanding of their case and give them the information they need to communicate the facts to their internal stakeholders, particularly in relation to numbers and dollars. In their Lexpert article, Charles Dobson, Gillian Scott, Mark Sheeley and Jennifer Thompson discuss the important role decision trees can play in case assessments.

Decision trees allow lawyers to explain a dispute visually, with easily digestible language and numbers. A single page can convey as much information as a lengthy written opinion. Advances in technology have made it easier for lawyers to develop decision trees and share them with clients.

A decision tree is a way of modelling litigation. It maps a case onto an easy-to-follow diagram of decision points, risk, and monetary outcomes. In the authors’ experience, clients are very receptive to case assessments based on a decision tree analysis. This kind of overview makes it easier for them to identify true inflection points in a matter. The decision tree also communicates, in clear terms, the lawyer’s estimate of the probability of each potential outcome and the rationale for settlement recommendations.

Read the full article posted by Lexpert on November 7, 2022