The release of OpenAI’s ChatGPT showcased the significant advancements in generative AI. As a result, various niche industries, including the famously archaic legal sector, have started to test the waters of high technology for the first time.

In this case, “generative AI” refers to a type of AI system known as a “transformer” that writes natural language one word at a time based on a combination of (a) statistical probability gathered from millions of samples of text and (b) human feedback. Due to the volume of text used to train these systems, transformers are also commonly called “Large Language Models” or “LLMs.”

However shiny, with all new tech comes new risks. Front of mind for litigation attorneys, none want to be made famous for citing fake cases in a brief.

Avoiding generative AI in light of this risk is not, however, the solution. As this article will outline, there are safe methods for employing generative AI in a manner that will not only increase efficiency – it will make you a better attorney.

By automating various tasks and surfacing key insights, generative AI has the potential to significantly enhance the work of any litigation attorney. According to Goldman Sachs, AI could automate up to 44% of legal tasks, giving attorneys who adopt this technology a competitive advantage. A LexisNexis survey revealed that 84% of legal industry respondents expect efficiency improvements due to generative AI.

When considering a generative AI solution, the critical factor is whether it can handle routine tasks that require memory but not creativity. Small law firms and solo practitioners, unable to develop their own AI platforms like Lexis AI, can still benefit from reliable alternatives in the market. Here is a list of areas where generative AI can be useful for litigation:

● Legal research

● Drafting discovery responses

● Locating and creating fact citations

● Generating fact statements and fact summaries

While exploring and adopting generative AI, addressing general concerns and reservations about its use is crucial. Ensuring the technology is employed effectively and safely will enable litigation attorneys to optimize their practices while maintaining professional standards.

General Guidelines for Using Generative AI

If you come across a generative AI company claiming their product has no downsides and can do all the work for you, approach it with caution. A good generative AI should be viewed as a supportive tool, not a replacement for a skilled litigation attorney. However, like any team member, it requires proper management.

When using generative AI, it is essential to understand how to utilize prompts effectively. A well-crafted prompt can significantly impact the quality of the output. For instance, in brief writing, the appropriate prompt can adjust the tone to suit the desired work product.

This process involves asking specific questions and using the correct language to obtain the desired results, similar to the search operators you are familiar with. The ideal prompts will vary depending on the generative AI, so ensure you read the relevant company’s instructions.

Once you have the generated content, rely on it only partially. Always double-check it from top to bottom. This is important for several reasons: it is ethically responsible as a practicing lawyer, helps avoid biases that algorithms might introduce, and ensures the work product is accurate and effective.

Having explored the general capabilities of generative AI for litigation attorneys, we can now delve into specific applications for each of the four areas mentioned earlier, starting with legal research.

Generating Fact Citations with Clearbrief

Locating and citing facts and evidence is crucial to any case, whether you’re working on a demand letter, pleading, memo, or correspondence. Sometimes, the correct fact can be challenging due to the sheer volume of documents to search, or you might need to know what’s available.

Traditionally, fact citation work has been manual and labor-intensive for attorneys, making it an ideal task for an efficient AI to tackle.

Clearbrief is highly recommended for generating fact citations and summaries. It is used by hundreds of law firms, courts, and agencies in the U.S. and was named the 2023 Litigation Product of the Year at Legalweek. Clearbrief is an effective tool for both solo practitioners and large law firms.

To use Clearbrief, highlight any fact sentence in a Word document and utilize the “find fact” cite function. Clearbrief’s specialized AI finds facts from discovery materials (documents and transcripts) with similar or related keywords and identifies related concepts in texts with different languages. Citations are automatically generated in the correct format and directly inserted into your Word document, with hyperlinks to the relevant document or transcript from discovery. Additionally, Clearbrief can compile exhibits and a Table of Authorities with hyperlinked citations.

Learn more about Clearbrief or schedule a demo.

Casetext’s CoCounsel and Legal Research

Legal research is an essential aspect of a litigation attorney’s work, requiring identifying controlling precedent in the relevant jurisdiction, additional supporting laws, and potential weaknesses.

Avoiding “hallucinations,” which can occur when generative AI is not used cautiously, is crucial in this context. Algorithms that create content may occasionally or frequently generate incorrect sources and facts, which is unacceptable for litigation attorneys in any setting.

Casetext’s CoCounsel is an excellent option in this regard, as users report that hallucinations are not a concern. Over 10,000 law firms utilize CoCounsel, which has a 4.8 out of 5 rating on G2 based on over 74 reviews.

By inputting the core legal issue, jurisdiction, and key facts, you’ll receive controlling precedent along with well-crafted arguments in a comprehensive research memo. Quoting and automatic citation in the correct format are also easily achievable.

In addition to legal research, CoCounsel offers other generative AI use cases, such as creating deposition outlines and drafting answers to complaints. Experience the benefits of Casetext’s popular CoCounsel by trying a free demo.

LexisAI and Enhanced Legal Research

As an advanced legal research tool, LexisAI offers unparalleled support to litigation attorneys seeking to optimize their research process. This powerful AI-driven platform comprehensively analyzes case law, statutes, regulations, and other legal materials, ensuring that attorneys have access to the most relevant and up-to-date information.

LexisAI eliminates the need to sift through countless documents manually, saving time and increasing efficiency. The platform’s AI algorithms identify pertinent legal authorities, highlight important passages, and suggest related materials that may strengthen your case or reveal potential weaknesses.

In addition to its core research functionality, LexisAI offers various features that support litigation attorneys throughout the entire case preparation process. These include drafting pleadings, generating deposition outlines, and creating answers to complaints, all with the precision and accuracy expected of a top-tier legal research tool.

LexisAI’s robust offerings make it a must-have tool for any litigation attorney seeking to stay ahead of the competition. To explore the full range of benefits LexisAI can provide, consider scheduling a demo or learning more about this cutting-edge platform.

Briefpoint and Discovery Responses and Requests

Drafting discovery responses is a crucial aspect of litigation work, but it can become monotonous when you already know what you want to say. For example, a response to a request for admissions may involve repeating the same objection multiple times.

As a litigation attorney, your valuable time would be better spent focusing on strategic planning rather than typing and double-checking for errors, which likely wasn’t your primary motivation for attending law school.

Software solutions like Briefpoint can alleviate this burden for California-based litigation attorneys. With a single browser login, you only need to upload the opposing counsel’s PDF. The Briefpoint platform supports most California documents.

Whether using a premade template or specialized AI, Briefpoint enables you to populate a page with the desired language, whether a response or an objection. Customers find the user interface intuitive and easy to use, allowing you to benefit from a no-cost demo quickly. If you prefer, you can learn more about our service before trying it out.

In addition to drafting discovery responses, Briefpoint offers features for preparing propounding discovery, including requests for admission, requests for production, and interrogatories. This comprehensive approach streamlines the entire discovery process, saving you time and effort while maintaining accuracy and consistency in your legal documents.

Test Briefpoint for yourself by scheduling a demo and starting a trial account.

Everlaw and Drafting Factual Statements

Using off-the-shelf tools like ChatGPT for generating legal writing is not recommended, as litigation attorneys require specialized software for their technical material.

If you use Everlaw to manage discovery, consider trying its drafting function, EverlawAI Assistant. Built-in safeguards prevent hallucinations from becoming an issue. Instead, Everlaw works based on your discovery evidence, including the documents it helped you locate.

This generative AI can provide a useful initial draft, whether you need a deposition summary or a fact-focused section for a brief. While you will ultimately edit the draft, having a fact-based starting point will help you reach the finish line. If you have yet to try Everlaw, consider a free demo.

Leveraging Generative AI in Litigation

Generative AI has significantly impacted various industries, including the legal field, and will continue to do so as the technology advances. While its use has both advantages and disadvantages, as discussed earlier, careful implementation and understanding of prompts can help manage the risks associated with generative AI without sacrificing competitive edge.

Ultimately, generative AI is an exciting new technology that skilled attorneys can handle effectively, just like any other risk or legal issue.

At Briefpoint, we specialize in automating repetitive aspects of discovery drafting, enabling litigation attorneys like you to focus on more profound thinking. We have witnessed our software’s benefits to clients and hope you experience similar advantages from the various technologies outlined in this article.