Vol.13 Issue 1 (2017)

Big Data & Litigation: Analyzing The Expectation of Lawyers
to Provide Big Data Predictions when Advising Clients

Siegfried Fina & Irene Ng (Huang Ying)

This article intends to provide a background of big data and law, and to provide insights on the interaction between professional legal ethics and big data analytics, i.e. whether a lawyer can be disciplined for failing to use big data analytics in litigation cases. While most references in this article will be made to developments in the US legal technology/legal industry scene, this article will also provide a short segment on general developments of big data and law in the developing world. Ultimately, this article hopes to shed light on what litigators may expect from the use of this technology that is gaining traction in the legal industry.

Author

Jean Monnet Professor of European Union Law and Associate Professor of European Union Law and Technology Law at the University of Vienna School of Law and Danube University Krems, Austria; Visiting Professor of Law and Co-Director of the StanfordVienna Transatlantic Technology Law Forum at Stanford Law School, USA. ** Fellow at the Stanford-Vienna Transatlantic Technology Law Forum; Ph.D. Candidate, University of Vienna.1