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A litigation analyst evaluates evidence and applicable laws to determine the likely outcome of a civil lawsuit, helping clients decide when to settle and for how much. They do not work with criminal cases and their predictions are not always exact.
A litigation analyst helps those involved in a lawsuit or legal dispute determine the likelihood that the court will rule the case in a certain way. Litigation analysts can be very helpful to both the plaintiff and the defendant in civil litigation. They can help determine when to make a settlement offer, what type of offer to make, whether to accept an offer, and how likely the client is to win their case.
Litigation analysts typically work within the context of civil litigation. This means that a litigation analyst is unlikely to be hired by an accused criminal or criminal attorney to evaluate a case and determine the likely outcome of the grand jury sending the client to jail. Instead, analysts work with clients who have filed a private lawsuit or who are defending a private lawsuit.
A litigation analyst reviews the evidence collected by the plaintiff or the defendant or both. It analyzes the detectable information or what the plaintiff and defendant have presented up to that point. He evaluates all available evidence in the case, as well as the applicable laws of the jurisdiction, to determine what the likely outcome of the case will be.
Because juries and judges are sometimes unpredictable, the job of a litigation analyst is not an exact science. An analyst may make a prediction that a given case will turn out one way and end up wrong. The analyst’s opinion, however, can provide a good framework for determining the best way to proceed in a litigation situation and can help point out to the contracting client the weaknesses of their case.
Information from a litigation analyst is used in many different ways. It is most often used to determine whether a case should be resolved. Settlement refers to the defendant’s offer and the plaintiff’s acceptance of a sum of money to avoid bringing the case to trial. The plaintiff knows exactly how much he is getting in a settlement and the defendant limits his potential risk of liability.
A defendant may not want to settle unless he believes he will lose a case in court or believes the court will award greater damages to the plaintiff than the settlement he is offering. Litigation analysts can help the defendant make a prediction about these issues so that the defendant can decide whether to settle or take the risk. Likewise, a plaintiff may not want to settle if they believe they will win a higher verdict in court, so a litigation analyst can help them make that decision as well.
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