Litigation has a data problem. Ask anyone who has ever looked at the existing litigation billing codes. One code is “analysis and strategy.” Of what? Of everything. That’s why this code alone accounts for a massive number of hours billed by outside litigation counsel.

Every year in-house counsel pay millions of dollars for this code. It infuriates them, but they have no other option. Outside counsel who enter these codes are equally frustrated. To them, it’s like being handed a wooden ruler with all of the numbers sanded off and told to measure 3 5/8 inches. So they do their best and pick a code (often one that doesn’t really capture the work being delivered).