5 Key Questions Attys Should Ask About Statistical Analyses
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April 21, 2026
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This article was first published in Law360 on April 15, 2026. The article is available at: https://www.law360.com/articles/2464169
This article offers attorneys targeted questions to help vet a statistical analysis. We summarize how statistical analyses are typically structured and emphasize that the underlying concepts are generally straightforward and can be understood by an educated layperson.
A statistical analysis typically involves several steps: forming a hypothesis, choosing a methodology and dataset, conducting calculations, and interpreting the results. At each step, experts make decisions that can significantly influence the outcome of the analysis.
When it comes to hypothesis testing, it is critical to understand what question is being asked. Seemingly benign word choices can alter the conclusion of a statistician’s analysis.
For data and methods, attorneys can focus on external validity: the degree to which the statistician’s data is consistent with other reliable data sources. An attorney’s ability to vet a statistical analysis might be limited when it comes to the actual calculations, but they can still conduct checks for internal consistency. Are the results in one table consistent with the results in another table?
Finally, attorneys must ensure that the results of any statistical analysis, no matter how complicated, simply make sense. While statistical analyses can be complicated, the general concepts can be understood by most anyone. By taking an active role in this process, attorneys can strengthen their case by reinforcing the credibility and relevance of expert testimony—or exposing its weaknesses.
Posted with permission from Law360 ©2026 Portfolio Media, Inc. All rights reserved.
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April 21, 2026
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