What is everyone using for ai in litigation? And what do you recommend. We use Westlaw co counsel, and I have not been impressed. It is very difficult to create a TOA, and getting it to make shell discovery responses is almost impossible. Further, you can ask it to draft a summary judgment opposition but it just spits out a bunch of well worded arguments without any case citations. Let me know your thoughts. Thanks!

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Not a shill. The West and Lexis products are okay at best. Tavern's product is far better, but I wouldn't exactly pound the table for it. A seasoned human will do better than any of them. Sure, AI will save some time, but it will also create higher expectations to perform more work including work beyond the existing job description. Proofing AI against records rather than writing myself will take a lot of the skill out of the job. And then the time saved will have to be spent on other tasks. It's disconcerting.

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Well it sounds like your point is not to use AI at all, and unfortunately that’s where we are headed. No way around it.

Have your paralegal or legal assistant do shell and TOA… I have not touch a TOA since law school lol

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Ha. That’s a WHOLE other issue at our firm. I just told my paralegal to learn how to do this in 60 days and she complained about having to do it. I’m like uhhh you should know how to do this anyway.

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Are you trying to get it to do research, or to recycle your existing work product?

It’s required in CA. You can pretend to be a paralegal and call P’s paralegal and ask them to send. It’s never not worked.

I also used to include it in any stip for e-service; gotta also send word versions of discovery.

For a TOA you need to use the Westlaw drafting assistant not co-counsel. I suggest getting additional training from Westlaw on co-counsel. You won't ever get a fileable document but it will help you cut down on busy work. Work that we never considered possible is now easy and gets implemented in every file. Example, we load all discovery the Corp rep has to know and the topics and co-counsel finds all relevant documents by topic and provided a summary to help Corp rep prep for the deposition. We load all expert related manuals and white papers and all co-counsel to evaluate the expert report against industry and help come up with depo questions to dig into the technical opinions. So far we find it useful.

We don’t have drafting assistant. But Shouldn’t cocounsel be able to that then? My point is … it shouldn’t take more training for cocounsel to spit out a discovery response template. It should be a VERY basic function. It should be as easy as: “hi please draft a template response to the attached demands” and maybe just maybe “here’s an example … use this.” If I need more training for that to work, then it’s not simple, and I might as well just do them myself.

Definitely not legawrite

I think the biggest flaw with those tools is the lack of structured data. Even though they have all the documents, the Ai eventually hits a context limit and if you rely completely on the ai, it hallucinates a lot.
I actually build AI systems, and we're trying to prevent those exact headaches. Our approach is that summaries and drafts always need attorney review (we call it ai provenance). The whole idea is to keep the liability on the human expert, not the bot. also, when we need things like citations or a TOA, we don't even use AI. We just use structured data. If you already have the info in the documents, there's simply no need to risk an AI hallucinating a toa. I work on a tool called Casefriend (we focus on workers' comp/civil lit) if thats any help

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