Pre-Trial AI Tools For Lawyers

Here is my recent Daily Record column. My past Daily Record articles can be accessed here.

****

Pre-Trial AI Tools For Lawyers

I often receive emails from lawyers who reach out after having read one of my articles about generative artificial intelligence (AI) tools. They frequently seek advice about implementing AI software in their firm. Some focus on ethics and accuracy concerns, while others ask for my input on which tools to use to address a workflow issue in their firm. These communications can sometimes inspire me to write articles about a specific type of AI software since it’s a safe bet that other lawyers may be struggling with the same issue.

Recently, many emails have focused on pre-trial AI tools for lawyers. This makes sense since AI tools can streamline many repeatable and tedious tasks involved during the discovery and motion stages of a case. 

Of course, both legalese and litigation processes are complex, which means that consumer-focused generative AI tools such as ChatGPT or Claude are often inadequate, producing less-than-ideal output. Fortunately, legal technology companies that thoroughly understand legal workflows and lawyers’ unique needs are much better positioned to develop tools that streamline pre-trial workflows and generate reliable and useful content.

Because AI can address many of the pain points encountered during the early stages of litigation, it’s no surprise that AI software tools have been released over the past year that can address many pre-litigation workflow challenges. 

Now that those products are available let’s review some of the top categories. Note that I have not tested out most of these tools and only provide information regarding available software. You must carefully vet the providers and take advantage of free trials and demos offered before settling on a tool. To assist with the vetting process, you’ll find a list of suggested questions to ask legal cloud and AI providers here. 

The first category of AI tools we’ll consider is pre-trial discovery management. This software automates the tedious and redundant process of preparing routine pleadings, discovery requests, and discovery responses. Upon uploading complaints and other legal documents, this software will typically generate responsive pleadings, such as answers, interrogatories, requests for admission, and document requests and responses. The following AI software can assist in drafting these types of documents: Legalmation, Ai.law, Briefpoint, and LexthinkAI. 

Next are AI tools for deposition summary and analysis. This software leverages AI algorithms to reduce the time spent reviewing and obtaining insights from deposition transcripts. Automating these tasks significantly streamlines the review process, allowing for more efficient case preparation and strategy development. Tools that offer this functionality include Legalmation, Lexthink.ai, Casemark, Lexis + AI, and  CoCounsel, a Thomson Reuters company.

Finally, there are AI tools that assist with brief drafting and analysis. AI technology is beneficial in this context since it can help edit text, improve writing, and change tone, reducing the time needed to write complex legal documents. These tools typically function within word processing tools such as Word. Products that assist with brief writing functions include Clearbrief, Briefcatch, EZBriefs, and Wordrake.

Pre-trial AI tools are more than document robots; they're powerful allies that reduce friction and enhance efficiency. Even if you’re not yet ready to invest in these tools at this early stage, it’s worthwhile to arm yourself with information about this category of software for future reference. They will undoubtedly increase in sophistication over time and have great potential. With these tools on your side, either now or down the road, you’ll be able to focus on crafting winning arguments while AI tackles tedious pre-trial tasks. The result? Less stress, happier lawyers and clients, and a future-proofed legal practice.

Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at MyCase legal practice management software and LawPaypayment processing, AffiniPay companies. She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at [email protected].