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The kind of data you refer to make for bad metrics, and if widely used would create incentives that are at odds with established legal ethics.

You know how study after study has shown that when selling your house, real estate agents always push you to accept early offers regardless of price, but when selling their own house, they will keep it on the market longer in order to get more favorable offers? The real estate system has a built-in conflict of interest. The legal system has a lot of enforceable ethical rules to prevent such things. But the metrics you want to use subvert that.

I’m not going to take your case - the potential payout is too low. I’m not going to take your case - it will take too long to get a resolution. Let’s not examine this line of thinking - it might blow the case wide open. You want the other side to change their behavior? No, it’s better if you demand money. Etc…



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