Litigation Lessons from Moneyball

On the heels of my recent reflection on how a scene from No Country for Old Men vividly illustrates the transformative impact civil litigation can have on safety practices within the trucking industry, this note will confirm my tendency to see lessons for litigation in almost every book I read and movie that I see. I guess its the storytelling interest that goes with the job.  

Moneyball by Michael Lewis, adapted for the screen by Aaron Sorkin has inspired me in many ways. The story of the 2002 Oakland A’s unlikely rise to excellence has come to epitomize how challenging conventional .The remarkable story of the 2002 Oakland Athletics and their unexpected ascent to excellence has become a prime example of how challenging conventional wisdom can lead to groundbreaking success. In the face of limited financial resources, the A's defied the established norms of Major League Baseball by embracing a data-driven approach to player evaluation. By recognizing and exploiting inefficiencies in the market, they assembled a competitive team that challenged the dominance of wealthier franchises.

Michael Lewis and Aaron Sorkin found a way to turn a highly technical story of statistical analyses into pure entertainment. While it's easy to admire the story's central idea: uncovering hidden value by challenging conventional wisdom, it is the way that Billy Beane, the A’s general manager, and his assistant GM Paul Podesta, used Podesta’s Ivy League economics education to change the way baseball works. Traditionally, we associate Moneyball with baseball analytics—using sophisticated, domain-specific statistics to find undervalued talent. But it is the distillation of baseball into a set of complicated statistics that got me to thinking about how we, as trial lawyers, add value for our clients. 

At first glance, advanced baseball statistics like Wins Above Replacement (WAR), On-Base Percentage (OBP), and Slugging Percentage (SLG) seem confined to the world of baseball. But at their core, these metrics represent principles of performance evaluation that resonate deeply with our litigation practices. Let me illustrate:

• On-base Percentage (OBP): In baseball, OBP measures consistency—how frequently a batter reaches base safely. For trial lawyers, we might think of OBP as a measure of the consistency with which we take steps that advance the case. Sometimes we strike out despite our best effort - hopefully not as often as baseball players do. But learning from the things we do that don’t work out like we intended is the way we improve on this stat.
• Slugging Percentage (SLG): SLG emphasizes the significance of impactful hits—doubles, triples, and home runs. Similarly, as litigators, we should always strive to do more than just complete a task. A litigation slugger is always poised to turn good facts and good strategy into huge value-drivers in their cases. 
• Wins Above Replacement (WAR): WAR measures a player's value compared to an average replacement-level player. In litigation, our own "value added" might be considered how much more effective we are compared to an average attorney handling a similar caseload or case type.
• Batting Average on Balls in Play (BABIP): BABIP helps distinguish true skill from luck. Analogously, if filing lawsuits, seeking document production, and taking depostions are the litigation equivalent of putting balls in play, a measure of litigation skill would be how often those exercises help set up what will be needed to win the case. Compeling production of key documents, attacking depositions with a strategic plan, as opposed ot a checklist, making sure that your opponent is well aware of the strength of your case. 
• Walk Rate (BB%): A player's walk rate indicates discipline—a keen eye for not swinging at balls that aren’t hittable. For attorneys, this parallels client intake selectivity, the discipline required to avoid cases with poor chances of success, preserving resources for stronger opportunities.
• Runs Created (RC): RC captures total offensive production. If BABIP is synonymous with good preparation paying off in putting all of the pieces that it takes to win in place, RC is the profiency with which lawyers “push runs across the plate.” Lawyers with high RC rates know how to capitalize on the gains that come from deliberately and strategically building their case. Whether through declining settlement entreties until the opponent agrees to end the case on the high-RC lawyer’s terms, or trying the case to verdict, this lawyer has the skill to avoid leaving runners on base.

Litigation is competition. A well-litigated case requires both sides to prove why they are right and their opponent is wrong. Every step of litigation is contested so being a prepared aggressor is the only path to full justice for your client.

But let’s be clear: my point isn’t that trial lawyers should spend their time meticulously tracking litigation analogues of baseball statistics. Understanding one’s skills, strengths, and areas in need of improvement should be the goal of any litigator. A critical self-assessment should take into account the consistency with which we take the steps that are required in litigation to maximize the value of our clients’ cases. Baseball players have no choice in the matter - they have own up to their performances and, where the performance is lacking, return to the drawing board to make corrections. While its impossible to track performance of lawyers across all of their litigation activities, there is every opportunity in the world to garner feedback collect input, from clients, co-counsel, staff, judges, and juries, to identify strengths and areas in need of improvement.

We can draw many important lessons from Moneyball: being mindful of how habits, skills, and practices can profoundly influence the value we add to our cases. By thoughtfully evaluating our performance—recognizing patterns that consistently yield better outcomes—we can intentionally cultivate those behaviors. Just as Billy Beane and Paul Podesta used unconventional insights to transform baseball, we too can use mindful evaluation and awareness to enhance our practice. The underlying message of Moneyball is universal: real value often lies in overlooked places. As trial lawyers, let’s ensure we’re mindful enough to spot it.