Thought leaders advise lawyers to use data to make business decisions for their law firms. Business development professionals suggest using data to grow market share. Knowing which practice areas are hot allows lawyers to seize opportunities and determine how to best use their time to expand business as they work on their law firms’ business strategy. But, where can you actually obtain data to create a plan for your firm?
One source of information about practice area trends is the Wisconsin Lawyer™, particularly the annual “What’s Hot, What’s Not” practice trends articles, which include qualitative data based on interviews, anecdotes, and observations of lawyers and legal-industry professionals.
However, that information might not be enough. For optimal data-driven business decisions, you should couple qualitative information with quantitative data, that is, data focused on numbers and statistics. Both qualitative and quantitative data can help you make informed decisions to establish successful business plans and goals.
Where to Find Quantitative Data
The first place to look for meaningful quantitative data is within your own firm. Use past trends to forecast future results, just as precedent is used to make educated predictions on future outcomes for cases. Analyzing patterns and facts from your own data and then developing strategies and activities based on data can help you optimize profitability, productivity, and efficiencies in your firm’s operations.
Finding data to help determine the firm’s market share and identify business opportunities can be more difficult. The Wisconsin Court System’s website provides qualitative data that may be helpful. The site contains summary statistical information on Wisconsin circuit court activity, including a statewide summary and data by county and district from 1998 through 2018.1 The site provides links to reports and information on the following, both statewide and by county and district:
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Caseload summary;
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Age of pending cases;
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Disposition summary;
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Age of cases at disposition;
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Civil disposition summary;
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Probate disposition summary;
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Juvenile caseload summary;
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Traffic and forfeiture disposition summary:
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Felony disposition summary;
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Misdemeanor disposition summary; and
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Clearance rate.
The circuit court statistics allow you to see trends by practice areas for civil, family, and criminal matters. The reports include how many cases were disposed; how many went to trial, settled, or were dismissed; and the median age of cases at disposition. This information may help you establish goals to increase efficiencies in processing cases through to conclusion. Comparing the number of new matters filed in your county to the number of new matters you opened by practice area can help you establish goals for increasing your market share.
The Labor and Industry Review Commission (LIRC) is another good resource for finding statistics, on unemployment insurance, worker’s compensation, and equal rights matters. At http://lirc.wisconsin.gov/lirc_stats.htm, you will find data from 1995 to 2018 on the number of appeals received, the number of decisions issued by appellant type, and the time taken to issue decisions. The equal-rights information includes a breakdown on the number of different types of employment matters decided.
Examples of Data Analysis
Criminal Defense. A lawyer in Marathon County who focuses on criminal defense has noticed a substantial uptick in the number of new felony matters she has opened over the past few years. She is thinking about adding another lawyer to her firm and would like quantitative information to help make this decision. Using Wisconsin Court System statistics, she sees that the trend she has experienced is consistent with market trends both in the state of Wisconsin and in Marathon County.2 (See Table 1.)
Table 1: Felony Matters Opened in Wisconsin and in Marathon County
Wisconsin |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
% Change (2013-2018) |
Felony |
36,986 |
36,986 |
38,129 |
39,819 |
42,932 |
43,550 |
18% |
Misdemeanor |
49,825 |
49,825 |
49,237 |
47,386 |
47,520 |
47,500 |
-5% |
Criminal Traffic |
24,768 |
24,768 |
24,648 |
25,838 |
25,061 |
23,668 |
-4% |
TOTAL CRIMINAL |
111,579 |
111,579 |
112,014 |
113,043 |
115,513 |
11,4718 |
3% |
Marathon County |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
% Change (2013-2018) |
Felony |
1,041 |
1,065 |
1,200 |
1,377 |
1,434 |
1,415 |
36% |
Misdemeanor |
1,817 |
1,815 |
1,868 |
1,906 |
1,907 |
1,965 |
8% |
Criminal Traffic |
669 |
584 |
594 |
639 |
594 |
601 |
-10% |
TOTAL CRIMINAL |
3,527 |
3,464 |
3,662 |
3,922 |
3,935 |
3,981 |
11% |
The lawyer can compare these numbers to the number of criminal matters she has filed in Marathon County to gauge her market share. Digging deeper into the courts’ statistics, she can identify specific types of criminal cases on the rise. (See Table 2.) Given the volume and somewhat steady increase in the number of drug-related offenses, the lawyer may consider hiring someone with experience handling those matters.
Table 2: Types of Criminal Cases Opened in Marathon County
Criminal Categories |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
1st Degree Intentional Homicide |
1 |
4 |
1 |
2 |
1 |
4 |
1st Degree Reckless Homicide |
1 |
0 |
4 |
4 |
5 |
1 |
Other Homicide |
0 |
1 |
0 |
1 |
0 |
2 |
Substantial/Aggravated Battery |
24 |
13 |
27 |
18 |
17 |
21 |
Battery |
31 |
26 |
16 |
28 |
16 |
13 |
Other Bodily Security |
43 |
41 |
38 |
38 |
46 |
36 |
Sexual Assault |
13 |
18 |
18 |
24 |
23 |
25 |
Kidnap/Hostage/False Imprison |
10 |
13 |
14 |
16 |
14 |
18 |
Stalking |
5 |
5 |
4 |
0 |
1 |
3 |
Intimidate Witness/Victim |
7 |
10 |
12 |
12 |
6 |
9 |
1st Degree Sexual Assault-Child |
12 |
14 |
18 |
27 |
19 |
19 |
2nd Degree Sexual Assault-Child |
14 |
16 |
11 |
17 |
13 |
23 |
Child Abuse |
28 |
26 |
37 |
40 |
37 |
37 |
Other Crimes Against Children |
23 |
31 |
21 |
30 |
22 |
46 |
Armed Robbery |
4 |
2 |
13 |
6 |
6 |
4 |
Unarmed Robbery |
3 |
0 |
2 |
4 |
2 |
2 |
Burglary |
63 |
47 |
56 |
36 |
33 |
19 |
Theft |
74 |
59 |
63 |
78 |
71 |
75 |
Operate without Consent |
22 |
13 |
12 |
17 |
21 |
25 |
Criminal Damage |
3 |
1 |
0 |
1 |
10 |
2 |
Arson |
1 |
1 |
3 |
0 |
4 |
6 |
Weapons/Explosives |
14 |
16 |
12 |
10 |
6 |
41 |
Other Public Safety Crimes |
14 |
15 |
20 |
29 |
27 |
33 |
Drug Manufacture/Deliver |
43 |
55 |
50 |
78 |
57 |
67 |
Drug Possession |
131 |
148 |
207 |
269 |
313 |
282 |
Other Drug Offenses |
20 |
41 |
36 |
28 |
29 |
12 |
Forgery |
30 |
36 |
40 |
27 |
30 |
25 |
Worthless Checks |
1 |
1 |
3 |
1 |
1 |
3 |
Other Fraud |
4 |
6 |
4 |
2 |
2 |
3 |
Perjury |
2 |
0 |
1 |
0 |
1 |
0 |
Escape |
15 |
8 |
8 |
11 |
8 |
12 |
Bail Jumping |
267 |
266 |
312 |
412 |
420 |
378 |
Extradition |
18 |
19 |
14 |
14 |
20 |
27 |
Felony Traffic |
70 |
74 |
69 |
62 |
83 |
95 |
Sexually Violent Person |
0 |
1 |
1 |
0 |
1 |
1 |
Other Felony |
25 |
25 |
16 |
41 |
55 |
44 |
Unidentified Felony |
1 |
1 |
1 |
6 |
5 |
3 |
Family Law Matters. Another Marathon County lawyer who focuses on handling family law matters has noticed a decline in the number of divorce matters he opened within the past couple of years. Peers have told him they have noticed the same trend. The Wisconsin Court System’s statistical information can be used to learn whether the trend is specific to the lawyer and the people with whom he has spoken or whether he is losing market share to other lawyers in the area. (See Table 3.)
Table 3: Family Law Matters Opened in Marathon County
Marathon County |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
% Change (2013-2018) |
Divorce |
451 |
442 |
442 |
394 |
405 |
415 |
-8% |
Anul/Legal Separation |
20 |
11 |
23 |
14 |
13 |
15 |
-25% |
UIFSA-Incoming |
23 |
12 |
24 |
24 |
29 |
15 |
-35% |
Support & Maint. Actions |
392 |
422 |
333 |
261 |
383 |
274 |
-30% |
UIFSA-Outgoing |
0 |
0 |
0 |
0 |
0 |
0 |
|
Paternity |
145 |
133 |
102 |
95 |
169 |
124 |
-14% |
Paternity/Acknowledgment |
1 |
1 |
1 |
1 |
0 |
5 |
400% |
Action Mod/Enf Judgment |
2 |
1 |
4 |
7 |
0 |
1 |
-50% |
Unclassified |
6 |
3 |
6 |
12 |
6 |
12 |
100% |
TOTAL FAMILY |
1,040 |
1,025 |
935 |
808 |
1,005 |
861 |
-17% |
Comparing these statistics to the number of family law matters opened in Wisconsin shows a similar decline. (See Table 4.)3
Table 4: Family Law Matters Opened in Marathon County and in Wisconsin
Total Family Law Matters |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
% Change (2013-2018) |
Marathon County |
1,040 |
1,025 |
935 |
808 |
1,005 |
861 |
-17% |
Wisconsin |
45,270 |
44,446 |
44,171 |
42,711 |
40,636 |
38,542 |
-15% |
The lawyer may use this information to determine a business development strategy to capture more of the market. Or, he may decide to investigate building a new practice area.
Conclusion
Lawyers should continue to examine, analyze, and question data-driven decisions. Often, reviewing data will lead to more questions. For example, merely because the number of complaints filed for drug offenses has risen in Marathon County over the past five years does not necessarily mean that they will continue to increase. Considering additional data from external sources, such as general economic, social, political, and technological trends, can help you evaluate whether trends will continue into the future.
Meet Our Contributors
What is one of your greatest professional accomplishments?
I’m proud to have served on the working group that conceptualized the need and presented a proposal to the State Bar’s Board of Governors for establishing the Law Office Management Assistance Program (LOMAP). As an active member of the Association of Legal Administrators (ALA), and past president of the Wisconsin Association of Legal Administrators (WALA), I helped build a partnership between ALA, WALA, and the State Bar’s Law Practice Section (now the Solo/Small Firm & General Practice Section).
It’s a pleasure to now serve as chair of the LOMAP Committee. As a certified legal manager with around 30 years of experience, this position will allow me to continue sharing my knowledge and passions for superior client service, legal professional well-being, and effective business strategy to inspire and support other law firm business leaders in their service to clients and their firms.
Lori Kannenberg Dorn, Stafford Rosenbaum LLP, Madison and Milwaukee.
Become a contributor! Are you working on an interesting case? Have a practice tip to share? There are several ways to contribute to Wisconsin Lawyer. To discuss a topic idea, contact Managing Editor Karlé Lester at (800) 444-9404, ext. 6127, or email klester@wisbar.org. Check out our writing and submission guidelines.
Endnotes
1 According to Tyler Brandt, with the Office of Court Operations, data on 2019 statistics will be posted on the site in mid-February 2020.
2 Based on a report with court statistics for January-June 2019, it appears the number of criminal complaints filed for 2019 may be lower than 2018 for both the state of Wisconsin (108,496 opened) and Marathon County (3,652 opened).
3 Based on a report with court statistics for January-June 2019, it appears the number of family law matters opened for 2019 will likely be lower than 2018 for both the state of Wisconsin (18,609 matters opened) and Marathon County (345 matters opened).