The legal profession is on the cusp of a new era, with generative AI leading the charge in innovation and efficiency. For labor and employment lawyers, the implications are particularly salient. Plaintiff lawyers, particularly labor and employment lawyers, face a myriad of complex issues ranging from workplace discrimination to FMLA violations, each case requiring meticulous preparation and a deep understanding of nuanced legal frameworks. Generative AI platforms have become invaluable allies in this domain, offering the ability to quickly synthesize vast amounts of data into coherent, actionable overviews.
This blog series aims to illuminate the path for plaintiffs' lawyers seeking to integrate AI into their practice. We will delve into the specific advantages that generative AI offers during key steps throughout the case lifecycle. By embracing these cutting-edge tools, lawyers can not only enhance their case preparation but also gain a strategic edge, for each individual case, and as a firm in their market. Join us as we explore the transformative power of AI in law, and learn how to leverage it to its fullest potential for the benefit of your clients.
A well-structured case overview is the linchpin of effective casework, providing a clear map of the case's facts, legal issues, and potential claims. It is often the first substantive piece of work completed, frequently done before a client is formally signed and thus, traditionally considered as unbilled work. However, its importance cannot be overstated; it sets the tone for the entire case and can significantly influence the outcome. Crafting a comprehensive case overview requires a meticulous eye for detail and an ability to synthesize disparate pieces of information into a coherent narrative - a task that can be both time-consuming and challenging.
The difficulty in assembling a robust case overview lies in the need to balance breadth and depth. Lawyers must capture every relevant detail without getting lost in the minutiae. They must identify the pertinent legal issues and potential claims, all while weaving together the facts and events into a narrative that is both compelling and legally sound. The process of collecting, synthesizing, and organizing all of the information for a labor and employment case can take anywhere between 4 and 40 hours, depending on the complexity of the case.
Generative AI platforms have significantly streamlined case preparation for labor and employment plaintiffs' lawyers. By processing various documents such as intake forms, call transcripts, and employee handbooks, AI provides a synthesized case overview quickly and efficiently. This accelerates the creation of case overviews and ensures thoroughness, freeing up legal teams to focus on the most important issues and strategic planning.
In this article we're going to outline a process and give practical tips for how legal teams can leverage AI to create comprehensive case overviews in a fraction of the time it would take to do this manually: shaving a process that takes 4+ hours into a 15-30 minute task.
Before diving into the intricacies of your case, it's crucial to set the stage for success by adequately preparing your generative AI platform. This foundational step ensures that the AI comprehends the context and nuances of your case, leading to more accurate and relevant outputs. Here's how to get started:
Uploading Comprehensive Documents
The AI's ability to generate a precise case overview is directly proportional to the quality and completeness of the information provided. Begin by gathering all pertinent documents related to your case. This includes intake forms, client communications, call transcripts, and any other relevant artifacts that offer insight into the matter at hand such as employee handbooks, offer letters, etc.
A detailed repository of case materials allows the AI to cross-reference facts, identify patterns, and understand the narrative of the case. This comprehensive approach minimizes the risk of overlooking crucial details that could impact the outcome of your legal strategy.
Setting Up AI "Instructions" for a Tailored Experience
AI platforms are incredibly powerful, but they require clear guidance to deliver tailored results. Setting up "Instructions" is akin to briefing a new team member — it aligns the AI with your specific needs and preferences. Think of it as leaving a sticky-note on top of the case file you passed to your staff that explains what you're looking for them to do, and what you can do about most.
Note that if you are not using a generative AI that is tailored to legal, it will be all the more important to include the context of instructions to increase the quality of your results.
Here is an example of Instructions for performing Case Overview:
"I am Jim Johnson, an attorney at Eve Law. Eve Law is one of the most prominent and competent California Employment Law firms that represents plaintiffs in litigation against their employers.
You are an advanced legal case assistant tasked with assisting in the preparation of case overviews. Your role is to analyze client intake forms, transcripts, and other relevant documents that I have uploaded to synthesize key information into a coherent and comprehensive case summary. Your responses should be detailed, organized, and reflect a nuanced understanding of the legal issues presented."
Instructions should include the following general elements:
Clear instructions ensure that the AI focuses on the right aspects of your case, adhering to your firm's standards and your personal approach to case preparation, allowing you to lay the groundwork for an efficient and effective case overview process.
Now that you've uploaded all of your key documents and set the Instructions on how you'd like the AI to support you, the work can begin: messaging and prompting the AI to extract the key information needed for the case.
Of course, every firm's process is different, and every case is unique. We recommend that the following process is used as a guide and inspiration, not as a prescriptive step-by-step mandate.
The first step is to create a high-level case overview, providing a snapshot of the essential elements that will guide your legal strategy.
Ask the AI to give you a high-level overview of the case details based on all of the information you have provided. Specify how you want to receive the information - bullets, numbered list, plain text - etc. Or ask to focus on particular facts, claims if you already have a sense of the case focus.
💬 Example Message: Tell me about this case. Include all legally relevant facts from all of the documents that I have given you. Give me a detailed bulleted (or numbered) list of the key details about this case including why the case has been brought and relevant legal details.
Don't forget to ask follow-up questions and iterate on the response if you don't get exactly what you're looking for in the first response - just as you would ask follow-up of other staff members working on a case. Once you have gotten the results you’re looking for, copy the results to your comprehensive case file or save them to your project if you're working in a legal AI platform like Eve.
Next, dive into the specifics, identifying the key facts, parties, events, and claims that form the backbone of your case. Start by asking the AI to list the key facts and events, then ask more questions to clarify or expand on these points as needed.
Here are some sample messages that you can use to create these key elements of your case file.
💬 Example Message: Tell me about the key parties to this case. Provide me with their full names, roles, and their relation to the overall case claims. Focus on the managers and HR representatives present in this case.
💬 Example Message: Summarize the timeline of events into a visual timeline or chart documenting the key dates, actions taken, and parties involved.
💬 Example Message: Give me a detailed overview of all key employment details provided by the client including, but not limited to, the name of the employer, timeline of employment, and any other employment key details.
💬 Example Message: Provide a list of all tangible evidence mentioned by the client. The list should include the form of evidence (email, text message, video, etc.) and what facts the evidence supports. Have the list denote whether we have the evidence yet or not, and if not, whether we are likely to be able to secure it from our client or a discovery request would likely be required.
There is no "right" way to ask your AI for this information, nor is there a prescriptive list of key details to identify. Based on your firm's process, and case needs, the details that you would extract with AI can vary.
The final and perhaps most critical step in crafting a case overview is the claim analysis. This is where AI's capabilities truly shine, as it helps you sift through the facts and legal precedents to identify viable claims. By inputting the details of your case, AI can quickly pinpoint potential causes of action, drawing from a vast database of legal knowledge.
💬 Example Message: Identify the best legal claims that I can make on behalf of my client base on the details of the case I have provided in the documents uploaded.
Please note that the more tailored the underlying technology of the LLM in the AI is to legal, the better this analysis will be. But remember that this is a brainstorm, this is not a prescriptive outline - all key work with AI should be checked and verified by legal professionals.
Once potential claims are identified, the next step is to evaluate their strengths and weaknesses. This is where AI can assist in a more nuanced analysis, providing insights into the likelihood of success for each claim.
💬 Example Message: Provide me the top 3 strengths and weaknesses of the wrongful termination claim. For each strength and weakness, reference the key facts, pieces of evidence, and witnesses that would support (or disprove) this claim.
This thorough analysis helps prepare for potential counterarguments and to build a robust case strategy.
By following the steps outlined in this guide, you can transform the arduous task of case preparation into a streamlined process, ensuring no detail is overlooked and every potential claim is thoroughly examined. This technological evolution not only augments the capacity for thorough legal analysis but also frees up valuable time for lawyers to engage in other critical aspects of their practice, such as client counseling and courtroom advocacy.
The integration of AI into the creation of case overviews is just one transformative step, stay tuned for more content on how to leverage AI in the labor and employment case lifecycle.
Up Next: Drafting Demand Letters With AI