NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY Volume 16 | Issue 3 Article 6 3-1-2015 How the Rise of Big Data and Predictive Analytics Are Changing the Attorney's Duty of Competence Peter Segrist Follow this and additional works at: http://scholarship.law.unc.edu/ncjolt Part of the Law Commons Recommended Citation Peter Segrist, How the Rise of Big Data and Predictive Analytics Are Changing the Attorney's Duty of Competence, 16 N.C. J.L. & Tech. 527 (2015). Available at: http://scholarship.law.unc.edu/ncjolt/vol16/iss3/6 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of Law & Technology by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. NORTH CAROLINA JOURNAL OF LAW & TECHNOLOGY VOLUME 16, ISSUE 3: MARCH 2015 HOW THE RISE OF BIG DATA AND PREDICTIVE ANALYTICS ARE CHANGING THE ATTORNEY’S DUTY OF COMPETENCE Peter Segrist* If the legal profession had been able to foresee in the late 1990s and early 2000s, prior to the meteoric rise and ensuing cultural ubiquity of social media, that every tagged spring break photo, 2:00 a.m. status update, and furious wall post would one day be vulnerable to potential exposure in the cold, unforgiving light of civil and criminal litigation, attorneys would have been well-advised to discuss the ramifications of such actions, statements, and disclosures with their clients. Today, a similar phenomenon is looming in the form of the collection, aggregation, analysis and sale of personal data, and it will be the prudent attorney who competently advises his clients to stay ahead of the curve.