Legal Standard - Litigation Risk Analysis Two Day Training Outline

Day One: The Fundamentals
  • Introduction: What is Litigation Risk Analysis and why is it necessary? Participate in group demonstrations of why the approach currently used by most attorneys to value lawsuits can produce bad results

  • Capturing the Key Uncertainties in Your Case: How do you sort out all issues — pretrial and trial, legal and factual, liability and damages, judge and jury? Learn about dependency diagrams to better identify the key issues in a lawsuit, their interrelationships and their consequences; then learn how to convert them to decision trees to facilitate a better quantitative valuation of the suit.

  • Quantifying Your Subjective Opinions: What hidden "anchors" distort every lawyer's judgment? Learn how to assess more realistic probabilities of success in front of judge or jury and more realistic verdict ranges.

  • Solving for the Value of Your Case: How should you combine your various assessments on all the liability and damages issues to arrive at a fair settlement value for your case? We will discuss the underlying arithmetic concepts, see how to calculate the expected value and generate a bar chart. We will also discuss the impact of litigation costs and the client's willingness to take risk on your settlement strategy.

  • Refining Your Pretrial and Trial Strategy: If your case is not about to settle, what would be the most cost-effective way to spend your time and money? See how sensitivity analyses are performed and how they provide a rational "cost-benefit" approach for deciding where to allocate your pretrial dollars and which trial strategies to pursue.

  • Note: Each of the above sessions will consist of lecture, then hands-on workshop and group discussion.
Day Two: Using the Software [Note: see Prerequisites below]
  • Building a Dependency/Influence Diagram
    … that captures the issues, their interrelationships and their consequences.
  • Building a Decision Tree
    … that captures the substance of your dependency/influence diagram — and is technically sound.
  • Assessing Realistic Probabilities and Verdict Ranges
    … using node comments (i.e., lists of reasons) and the probability wheel.
  • Creating and Defining Verdict Variables and Formulas
    … permitting TreeAge Pro to calculate for you the total verdict for every scenario.
  • Generating the Expected Value and the Litigation Bar Chart
    … showing the full range of potential outcomes and their corresponding probabilities of occurring, as well as the mean value of the distribution.
  • Creating Probability Variables and Generating Sensitivity Analysis Graphs
    … allowing you to see the impact on case value of improving your probabilities of good results on the various issues.
  • Working with Clones
    … so large trees can be constructed, solved, and modified more rapidly.
Prerequisites for Day Two
  • An understanding of the material covered on Day One.
  • A copy of the latest version of TreeAge Pro running on a laptop. A complimentary 21-day Trial version of TreeAge Pro can be downloaded from our website if you do not already have a license.


  • Please click here to download a Trial version of TreeAge Pro