The Malpractice of Hunches: Professional Responsibility, AI, and Data Analytics

Clients ask lawyers the most important questions facing their families and trust lawyers with bet-the-company questions. 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?  Are we preparing another generation of law students to duck these questions, or answer them with hunches?  Fastcase CEO Ed Walters will examine the frontiers of AI and data analytics, as well as the obligations of lawyers under the Model Rules of Professional Responsibility to employ and supervise artificial intelligence and data analytics tools at the frontiers of legal tech.