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Spot Unfavorable Authority: An Attorney’s Guide to AI-Powered Legal Document Review

March 16, 2023 (2 min read)
an attorney reviews a legal document with magnifying glass next to a large gavel


 If you're a litigator, this problem might sound familiar: You have a long list of things to do, but you lost hours of valuable time reading through cases to find one that adequately supports your position — or perhaps that contradicts your opponent’s position. This issue can make the process of writing a brief lengthy and tedious, potentially impacting client satisfaction and profits. 

Fortunately, with the rise of artificial intelligence (AI)-powered technology, there are new, user-friendly ways to quickly find the case you need. In this post, we'll discuss an AI-enhanced tool — Brief Analysis, offered exclusively on Lexis+® — and its ability to flag favorable and unfavorable authority. 

What is Brief Analysis?

Brief Analysis empowers litigators to instantly analyze a legal brief and receive targeted recommendations. By simply dragging and dropping a document, you can easily see case recommendations, weak spots, case citations, and more from a convenient dashboard. Below, we've detailed how you can review citations in any brief —including your opponent's. 

  • Want to learn more about Brief Analysis and its capabilities? Check out a previous post on the Winning Briefs feature, which makes it easier for you to identify arguments that have prevailed in past cases that were similar to yours. 

View Brief Analysis Guided Tour

Flagging Favorable/Unfavorable Case Authority

Brief Analysis works by using AI to "read" for you, automatically flagging whether the cases that are cited in that passage contain case authority that is favorable or unfavorable to the arguments made in the brief. This helps identify the best case authority quickly; so, how can you start using this capability today? 

Access the “Case Recommendations” tab for a selected passage from the brief that you wish to analyze to see the "favorable" and "unfavorable" flags. 

Example of the Case Recommendations Tab in Brief Analysis

Important data fields are surfaced by the tool to provide greater insights about the flagged case and to help you better evaluate how it is relevant to your own case. This data includes:

  • Motion type (e.g., motion to dismiss)
  • Matching motion tags
  • Trial outcome (e.g., granted or denied)

The recommendations that are automatically displayed will easily direct you to the relevant passage in the flagged case that specifically relates to the corresponding section of your brief.

In addition, the “Procedural” section on your dashboard displays the procedural information that has been extracted from your brief in order to determine whether a recommended case is favorable or unfavorable. This allows you to transparently review the assumptions used by the tool and edit any of the “Procedural” data fields in the way you like to ensure the information you’re receiving is accurate.

Try AI-Powered Legal Document Review

LexisNexis is here to support you on your journey to harnessing the power of AI. Brief Analysis is the only product on the market that provides users with an easy-to-navigate dashboard, patented and editable concept mapping, winning briefs, motion history, favorable and unfavorable authority, judge and counsel information with links to Context® for analytical insights, and seamless integration of Shepard’s® case citation analysis.

Contact us today to learn more or click below to try Lexis+ and Brief Analysis for free. 

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