What You Need to Know About the Impact of Opposing Counsel’s Legal Research

Remember when it was standard practice to spend hours meticulously reviewing legal documents to ensure nothing was overlooked? That used to be the norm for all attorneys. They would painstakingly verify the validity of cited cases and relentlessly search for the most relevant sources. Naturally, opposing counsel would engage in a nearly identical process.

If this scenario still sounds all too familiar and current in your organization, then it’s time to acknowledge that you’re already falling behind. When did traditional legal research methods become outdated? Just like any other technology, legal tech is constantly evolving. Upgrades and enhancements occur regularly, rendering yesterday’s cutting-edge tools obsolete. This holds true whether we’re talking about cell phones, televisions, or legal research technology.

However, every now and then, a revolutionary technology emerges that completely transforms how things operate. Think Apple’s Siri or Amazon’s Alexa. Artificial intelligence (AI) has also made significant advancements in the legal profession. The chances are high that this technology has already found its way into your opponent’s office, enabling them to reap the rewards.

Uncover What Your Opponent Knows That You Don’t

New legal research tools have surfaced, equipping attorneys with the means to efficiently and thoroughly review their own work as well as yours. The boilerplate language you’ve been consistently using, the case you always cite as a reference – these practices have now been simplified for opposing counsel. By simply uploading your document and clicking a few buttons, they can generate a report that highlights the mistakes you may not have even realized you made.

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The Power of AI Technology

Within minutes, your opponent can discover that a pivotal case you relied on has been recently overturned. Keeping up with every new ruling or overruling may seem like an impossible task, but with the latest technology, identifying these issues becomes a breeze. These innovative tools can even zoom in on a single word, which becomes handy if you accidentally include a word in a sentence where it doesn’t belong.

For instance, consider the phrase “the attorney-client privilege is only waived by disclosure of confidential communications to third parties” versus “the attorney-client privilege is waived by disclosure of confidential communications to third parties.” One word can drastically change the meaning of a statement, and an at-a-glance report will promptly bring such mistakes to your opponent’s attention, giving them a crucial advantage.

These tools are not limited to identifying errors; they can also point out relevant authorities that you may have overlooked. Whether you deliberately chose to exclude them for strategic reasons or not, your opponent now has accidental insight into your case.

The Consequences of Being Outmatched

By giving your opponent access to these advanced research tools, you inadvertently give them a competitive edge. They become privy to your weaknesses and gain insight into your case strategy. This advantage allows them to mitigate risk, maintain credibility with the courts, and confidently review their own work without sacrificing valuable time. They can refine their arguments and enhance their authority, ultimately building confidence through increased accuracy and efficiency. They can rest assured that they’ve covered all their bases without the fear of missing something.

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The Judge’s Perspective

The same technology that grants your opponent additional insight into your strategy also serves as a valuable tool for judges. They can upload up to six documents, including both yours and your opponent’s, and make comparisons. What did you or your opponent include or exclude? What is the judge seeing or inferring that you aren’t?

Stay Ahead of the Competition

It’s not too late to level the playing field or even surpass your opponents. With the right technology, such as Westlaw Precision, you can safeguard your case, boost your confidence, and maintain a stellar reputation.

Garrity Traina is here to provide you with the cutting-edge tools and solutions you need to excel in the legal field. Don’t let your competition surpass you – visit us today.