casetext:co-counsel.docx

Use our AI technology to conduct legal research in today's training we will discuss some common problems that attorneys face when researching issue and show you different tools that you can use to overcome these problems here is a brief agenda of what we'll cover today one common problem that attorn...

Use our AI technology to conduct legal research in today's training we will discuss some common problems that attorneys face when researching issue and show you different tools that you can use to overcome these problems here is a brief agenda of what we'll cover today one common problem that attorneys encounter when trying to research an issue is that they do not use the right words to describe that issue as a result attorneys will use search terms that result in too many cases or will inadvertently exclude relevant cases when solution which I'll show you today is our parallel search engine parallel search understands synonyms and relationships between concepts this allows you to find cases on your concept even if the judge uses different words to describe your issue so you can still find a case under concept even if you do not use the same words that the courts use to describe that topic another common problem is trying to figure out whether you missed a key case in your research one solution is to use our Cara AI software kera will analyze your document and return cases that address the factual and legal issues discussed in your document you can filter your career results to just see those relevant cases that your document failed to mention this is a great way to check to see if your research memo or brief missed a key case a third problem is trying to figure out whether you are citing any cases that have received negative treatment you can say check your brief or other legal document in less than a minute by uploading it to Kara and generating your smart site report but let's start with the discussion of the first problem how can an attorney research an issue when they're not sure how courts describe that issue well with traditional keyword technology you need to use the right words in your search query to find relevant cases keyword technology generates results based on the words you used in your search so if a judge describes an issue differently from you you cannot find that case with a keyword search now to address these limitations of keyword technology case text developed a search engine called parallel search parallel search uses a breakthrough in AI technology called a transformer based neural network transformer neural networks understand synonyms and relationships between concepts this allows you to find relevant cases even if those cases do not contain these specific words you used in your search query transformer neural networks allow you to search by concept thereby freeing you from the limitations of keyword searching this technology can be used to research any issue but it's especially useful if you're not sure how word subscribe an issue or if you're researching a novel or higher highly fact specific issue or if you've just run many searches many keyword searches and can't find anything on point which suggests that your issue is either unusual or you're using the wrong words to describe your issue here I've listed basic instructions for using parallel search which I'll demonstrate in a moment the good news is parallel search is easy to use it's a search bar just enter a sentence and get your cases but there are a few tips to keep in mind first you do not want to use boolean terms or connectors you just want to enter in a full sentence using plain old words second query length has some impact on the quality of your results you want to avoid short phrases or long paragraphs for optimal results we recommend a sentence between 5 and 30 words those aren't hard and fast limits but you may want to keep those limits in mind when crafting your sentence we also have a variety of filters that you can use to refine your results you can sort your results by jurisdiction you can also filter your results by publication status and choose to only see published cases and you can also filter your results by motion type cause of action party type and date let's now get out of these slides and see parallel search in action here we are at the cage tax homepage this is what you'll see when you log into your case text account as you see here in the middle of the screen we have one search bar which you can use to find everything you need you can use this search bar to pull up a case by name or citation you can also use the search bar to pull up a statute regulation or rule by citation and you can use this search bar to run a regular keyword search or a parallel search let's do a parallel search now for this exercise let's pretend I am working on an employment discrimination case and I represent the defendant who is alleged to have wrongfully terminated an employee named Jones for refusing to wear a face mask at work and I want to find similar cases where the court held that an employer's decision to fire an employee for refusing to wear a mask or other protective gear does not constitute unlawful termination or discrimination so how can I craft a parallel search on this issue well all I need to do is come up with one sentence describing my issue and here is one sentence I could use I am typing in terminating Jones for refusal to wear a face mask cannot be construed as discriminatory now that is not the only way in which it could have described this issue and admittedly this is a weird sentence right it's weirdly specific why did I name the terminated employee why did I call it Mr. Jones well I certainly didn't have to but what I want to show you is that parallel search it's smart enough to ignore irrelevant details and names so with traditional keyword technology if I entered in this sentence and ran a search I would get a bunch of cases that mentioned somebody named Jones that have nothing to do with my legal concept or claims but with parallel search I don't have to worry about that the AI will ignore irrelevant names and details and focus on my concept and here the big legal concepts are a claims involving unlawful termination and discrimination I can also filter my results by jurisdiction here the default setting on case text is to show you cases from all state and federal jurisdictions so if I want to modify that I want to click on the right side of the search bar where it says all state and federal and she's my court but for this exercise I'm going to show you everything after you entering your your sentence is you want to click on that magnifying glass to initiate your search and see your parallel search results if you enter in a full sentence I just did here our system will default to showing you our parallel search results you can also switch back to a traditional keyword search if you would like to compare your results as I'll show you in a few please let's run our search now here are my results in each case the most relevant sentence is highlighted for you the top result that our AI came back with is this Jenkins V Ryan family steakhouse and all the case titles here are hyperlinked so you can click on these case titles to view the full text of the opinion here the relevant sentence according to AI is highlighted for me in blue and it says plaintiff claims he was treated differently on account of his race because he was terminated for wearing blue jeans at work whereas whites who arrived in such attire were not terminated or subjected to discipline so why did the AI pick this case as relevant well you can probably see some significant conceptual links this Jenkins case appears to involve an unlawful termination and discrimination claim just like my case now a big difference between the Jenkins case and my case is that in this Jenkins case it looks like the plaintiff was terminated for wearing blue jeans to work whereas in my case the plaintiff was terminated for facing toward face mask and obviously blue jeans and face masks are not the same things but you can see the bigger picture both cases involved the same type of legal claims where a plaintiff was terminated for not wearing what he was supposed to wear to work so if you were researching this case and you were not finding cases involving your specific facts have not finding a case involving unlawful termination and discrimination where the plaintiff didn't wear a face mask I can look for cases involving unlawful termination and discrimination or the plaintiff otherwise did not follow his employers instructions for wearing what he was supposed to wear to work once you get a quick look at the next result here this New Jersey Transit authority case is flagged by our AI is being relevant beneath the hyperlink case title I see this judges summary this shows me that my case here was summarized by another court specifically the New York City Transit Authority case was summarized by the court in its Equal Employment Opportunity Commission case and if I Scroll down a bit further here I see this paragraph and a relevant sentence flagged by my by the AI is being conceptually relevant here the highlighted sentences thus the TA's failure to take adverse employment action against him for not wearing a hard hat does not support an inference of religious discrimination against plaintiff so here it looks like the AI chose this case as relevant because this case involves an adverse employment action claim like my case and this case also involves A discrimination claim like my case now the big difference between this New York City Transit Authority case and my case is that in this New York City Transit Authority case the terminated employee refused to wear a hard hat whereas in my case the employee refused to wear a face mask and once again a hard hat and a face mask are not the same thing but you can again see that broader conceptual link both cases involve the same type of legal claims where once again a plaintiff did not wear what is supposed to wear to work and more specifically the point of in both cases did not wear the proper protective gear now I could not find these cases using a keyword search because these cases do not contain my search term face masks so if you want to find conceptually similar cases or argue by analogy you can use our parallel search engine to find those cases that address similar issues but do not mention your specific words so this is a great tool to use when you're working on a brief as you're writing your brief just copy and paste sentence from your brief into the parallel search bar to immediately find support for those sentences now what you may notice here is that with parallel search you will see only a maximum of 25 cases sometimes less depending on the number of cases that meet our AI threshold of relevance so you're never overwhelmed with results when you're in a parallel search but if you'd like to see fewer cases you can apply filters clear mentioning pictures diction filter here next to Allstate federal you can also filter by publication status that default setting is to show you both published and unpublished cases so if you just want to see the published ones you want to uncheck that box for show unpublished cases and click apply and that will only show you the published cases you can also filter by date and use the search within bar to search within your results for a specific word or phrase and you can use our advanced filters to filter by motion type cause of action or party type put the unpublished cases back in what you can also do is toggle between parallel search and traditional searching so parallel search which once again these are cases selected by our AI is being conceptually relevant which shows you a different pool of cases and the cases you'd find with a traditional keyword search but if you want to see traditional results you can go back and forth by clicking on parallel search and then selecting the option to rerun as a keyword or boolean search and when I do that I am back in the world of traditional search technology where I see all cases containing my search terms and all those filters I showed you earlier they're also available with the keyword search so you can filter your results and with keyword search you are you see all cases that contain your search terms so that's what I see here keyword search shows you all cases containing your search terms regardless of context let's go back to parallel search now when you run a search from the home page as I just did you were by default taken to our database of cases but you can search more than cases here at case text you can switch to another database here from the left hand side I can run a parallel search through statutes regulations or rules administrative materials and or Federal Register and I can also search our database of publicly filed federal court briefs so here for example if I switch over to regulations I am now seeing all regulations that match my concept here I am not jurisdiction so I am seeing regulations from all over the country but the top result is this regulation from Wyoming that addresses what happens when an employee refuses to comply with safety rules so here again you can see how the AI is thinking it's finding regulations on my concept even if those regulations I contain my search terms so this regulation doesn't mention face masks but the AI understands my broader concept concerns employees who refuse to comply with safety rules so should the authorities on that point all right let's go back to our slides now and talk about how you can use our AI technology to check to see if your document is missing a key case one way to figure out whether you missed a key case in your research memo or your brief is to use our Cara AI software Cara will analyzer document and return cases that address the factual and legal issues discussed in your document you can filter your Cara AI results to see the relevant cases that your document failed to mention this is a good way to check to see if your brief missed a key case and the same process can be used to check opposing counsel's brief to see if they missed an important case or strategically left out a case in addition Cara can be used updated older brief to see if there is a more recent case that has been decided in the interim let's get out of these slides and see Cara AI in action to start your care search in that case text home page click on the option search where the document from the site panel then drag and drop your document into the box that says search with Cara AI or you can select a file to upload Cara works with PDF files or documents and other text files here I am going to upload this document to Kara this is a judge's order from the case I'm working on I'm going to point out a few things about this document so you understand the Cara AI results first the procedural posture this document is a report and recommendation by a Magistrate Judge on a motion to dismiss this case was filed in the 7th district of New York this case was brought against Sony Music and the pop star Miley Cyrus and specifically this is a case about the phrase what about whether using the phrase we run things things don't run we which appeared in the chart topping 2013 song we can't stop by Miley Cyrus or the use of that phrase constitutes actionable infringement the plaintiff is claiming copyright in this song so this judges report recommendation contains an extensive fair use analysis let's upload this document to Kara now and see what the AI comes back with so I'm just going to drag and drop the icon of this document into this dialogue box Cara will now take a few moments to analyze the fact pattern legal arguments legal citations and jurisdictional issues in my document now that Kira has read my document it asks me whether I want to focus my results on a specific issue care returns cases that are relevant to each and every issue in your document so if you upload a long document that discusses a lot of issues you may get a lot of results at this stage you can tempt Kara which issue you would like to research first and see cases on that issue at the top of your results Kira has analyzed my document and come up with this list of suggested issues all which pertain to copyright I can select any one of these issues to see cases on any of these topics first or I can tell Kara to focus on a different issue by typing a word or phrase into the search bar up here or I can skip this step entirely by clicking on all suggested cases if I do not want Kara to focus on one particular issue here I will select for use that is an issue that was discussed by the court and the judge's order uploaded and it is a core issue I'm researching here are my results within seconds Cara has returned cases that are relevant to the motion legal issues facts and jurisdiction of the case I'm working on this talk present here as you can see is a case from my jurisdiction also involving Sony Music and discussing fair use of the song the next result is a case against CBS broadcasting similar defendant to the defendant issued in my case also for my jurisdiction and that contains a similar for use analysis this particular case concerns the fair use of a short clip from a TV show which is similar to the fair use analysis in my case which concerns the use of a phrase in a song now some of the cases were turned by Kara may already be cited in my document for example this estate of Smith fee cash money records case is flagged by our AI as being relevant to my documents context but it's already signed in my uploaded document I know that because it says here cited in uploaded document if you want your care I results to just show you those brand new cases that the AI found and that are not mentioned in your document what you wanna do is go to the top of your results list and under care filters check the box for Hyde said authorities and then click apply when you do that your carrot AI results will consist only of those brand new cases that the AI found that are not cited in your document now let's return to our slides and discuss a third problem that attorneys face when conducting legal research and that is making sure that they are not citing any cases that have received negative treatment You can use case text brief binder to cite check your brief and analyze the cases that your brief cites brief Finder will also allow you to download all cases site in your brief with just one click here are some quick instructions for launching our brief Finder tool which will generate your smart site report that you can use to check to see if any of the cases cited in your brief have received negative treatment on the case takes homepage you'll want to click the site check a brief option that appears on the left side when you click that button it will take you to a new page showing the dialog box where you can drag and drop the icon of the document you want to check you can also click on the link that says choose a document to upload if you'd like to upload your document from a folder or drive on your computer instead of dragging and dropping it after you do that our search our system will generate your smartsite report which will list all of the cases cited in your document and use flags to indicate whether any of those cases have received negative treatment let's go back to case text now and launch our brief Finder to launch a brief binder click on the button that says site check a brief from the left side of the case text home page when you click that button you'll be taken to this new page where you can upload your brief you can drag the icon of your brief into this box or click on the link that says choose a document to upload brief binder will then analyze your brief and generate your smart site report here's an example of a smart site report at the top of the report you will see the number of cases cited in your brief that have received negative treatment which are indicated using red flags negative treatment refers to cases that have been reversed over ruled remanded superseded or vacated in whole or in part red flags indicate the most severe negative treatment this report indicates that my brief cites to two cases that have received negative treatment the Salinger case was received by statute as noted by the Second Circuit and authors guilty Google and I can click on links to any of the cases in my smart site report to find out more the report will also list a number of cases that have received cautionary treatment which are ending indicated using yellow flags cautionary treatment means that a case has been distinguished by other cases or cited as a contrary authority this means that the case you cited may approach an issue differently from other cases or maybe an outlier with respect to an issue here for example the case of American geophysical union in Texaco is cited in my brief and has yellow flags because it was distinguished by another court in the Northern District of Texas and was also cited as a contrary authority by the 6th Circuit finally your smartsite report will list the number of cases you say that rely on other cases that have been negatively treated these cases are indicated using orange flags a case that has an orange flag has not been reversed overruled however an orange flag case has relied heavily on another case that has been overruled reversed or negatively treated here for example the case of bad land ticket petulantly has orange flags about lantic twombly has not been overruled or reversed however it has orange flags because it relies heavily on two other cases that have received severe negative treatment the smartphone report will break down the hostile subsequent authority for each case cited in your brief which highlights the significant events in the citation history for each case all of the cases in report are hyperlinked so if you can just click on the case title you can access the full text of your case And welcome to a live introduction to Co counsel our agenda today is very simple but we're going to pack a lot into the time that we have together first and second I want to take just a few minutes to introduce you to Co counsel by answering two questions what is Co counsel and then what does Co counsel do I make time to answer these two questions for a very specific reason there is a lot of information even noise flying around right now about AI so I want to provide a brief context for the technology that you're about to see but then third and obviously the majority of our time today we're going to spend time working with Co counsel on real legal scenarios that I think you'll recognize during the portion that we call the live demo all right let's jump right into our first question which is what is Co counsel what does counsel Co counsel is a technology platform that's powered in part by GPT 4 GPT 4 is the most advanced large language model from open AI and for the legal community one way that we can think about GPT force capabilities is in relation to how well it does on the bar exam so for prior AI models that were subjected to this experience those models scored as high as the 50th percentile you're doing some light math that's not a passing score but today GPT 4 would pass the bar exam and GPT 4's performance would exceed that of the average human the examinee what this means is Co counsel is built with AI technology that can score better than the average human taking the bar but the point really isn't the bar exam it's the unique and absolutely unprecedented sophistication of this kind of artificial intelligence but GPT 4 is not the whole story as you may know from experience raw large language models on their own lack the focus and the safety guardrails needed to deliver the kind of results you expect when you're practicing law So what is Co counsel Co counsel is also case text and as you can see here on this slide Co counsel benefits from case texts leading development trusted engineering and case texts stellar reputation so overall what is Co counsel Co counsel is an AI legal assistant when lawyers rely on legal assistance there are two important implications first legal assistance always show their work and that's because second lawyers always use their own independent judgment to verify final work product these two work together in an obvious way and this doesn't change when the legal assistant is artificial intelligence all right moving along the second question we want to answer just quickly before we jump into our demo is what does Co counsel do alright what does Co counsel do well Co counsel does substantive legal tasks like for example legal research research across your datasets drafting correspondence deposition preparation document summarization document review the contract analysis and redlining and more what else does Co counsel do Co counsel does understand requests so this means you can instruct and you can interact with Co counsel just like you would a human colleague specifically you can ask for help with plain natural language you can select live responsive examples that Co counsel updates according to your ongoing conversation in the chat and you can refine Co counsel's results to meet the precise needs of each client that you are serving finally as mentioned before Co counsel does show its work for example Co counsel provides links to the full text of research laws cook council provides interpretations of your requests before you move forward pin sites to the exact page of a supporting document summaries and direct quotes from reviewed content alerts about its limitations and these are just to name a few so as a result legal professionals can actually rely on Co counsel for their substantive legal work all right I promised we would spend the majority of our time in a live introduction to coke council and I absolutely meant it so for the rest of our time together I invite you to watch the introduction on screen but also to ask your questions in the question pane also encourage you to follow up if you have questions or thoughts after this presentation feel free to e-mail support at case dot com all right so let's jump into our live introduction to Co counsel first give me one second while I transition over to Co council all right this is Co counsel the idea here is very simple and it comes across pretty strongly if you've used any chat based application in the last few decades then you intuitively understand how Co counsel works but even if you don't quite know where to start you can always use one of Co counsel's example examples right here on the screen if I click any of these I can get a sense for what council can do in those task categories but I can also simply come down here to the chat box and ask Co council but can you do Co counsel takes a moment and then quickly starts telling me what it can do let's say I need to start some legal research so I would simply tell Co counsel that that's what I need to do I need to do some legal research Co counsel then gives me some instructions for how to work with it for legal research I'm going to tell Co counsel that I need published and unpublished cases in New York State courts in the last five years that answer the question does an expert witness need formal credentials to testify in New York I can hit enter or I can come over here and click send Co counsel took a second thought about my request and is now coming back to me in its own words just to confirm that it's headed in the right direction here's where I remained in control right because I could tell Co counsel no I want you to focus here on this but instead I can give corrective feedback or I can give approval to say Yep that's it even if I spelled things wrong it doesn't get in the way Co counsel still understands what I'm saying just like a human colleague so here while Co counsel is researching what I'd like to do is describe what Co counsel is doing So what I'd like you to do is pay attention here to these percentages these percentages in this description will change while Co council works first Co council will be running searches in a database of real primary law then second Co council will spend time reading results which is exactly what it sounds like once Co counsel identifies responsive authority during the searches it's going to then consider each of those sources is going to read the results but then third we're gonna see Co counsel write an analysis so just to be painfully specific and detailed here it's searched for real laws it read the relevant results that it found and then it used what it learned so far to write the analysis once it finishes I will then also see a notice that it is complete another way of thinking about these steps and understanding what Co counsel is doing right now is to think about what it's not doing right now So what Co counsel is not doing is Co counsel is not going directly to the large language model GPT four and asking the large language model to come up with a correct sounding answer based on the large language models reasoning training from reading the Internet a few years ago no it is actually doing research in a real database of law it's reading the relevant results and then it's writing a memo based on those prior steps so at this point we can actually start to look at the beginnings of the memo that Co counsel has created so here is the law as I Scroll down here's the law that Co counsel found that's responsive to my question I'm just going to scroll through these results you can see these are the cases for each case I see a bold face summary that connects my question to that case and then I see quoted highlights from the case that helped me understand that help me understand exactly what's being said in the case that's relevant to my question and if at any point I want to dig in and read the full text I just click the link and Co counsel opens up the case and if you use case text before this looks familiar and I'm often research when Co counsel is done finding all of the cases and the statutes and regulations that are responsive to my question the last thing it does so we scroll here to the top the last thing it does is it writes me an answer this is the highest level impression that council gained while it was doing the legal research that it completed and then also an analysis and here's where you'll see Co counsel referenced statutes regulations cases here's where I might learn about any general rules and also any exceptions to those rules but you can see citations to the actual underlying authority just like before we can come down here to the cases we can read all the cases and we can read all the regulations etc. Council also starts its memo out by saying back to us exactly what we wanted to learn about so you can think of the eye in Iraq right the issue so that's legal research memo the other thing that's nice about Co counsel is that I can use the results to do other things meaning I can use one capability of Co counsel in other ways so let's say once I'm done reading the legal research response I can say great thanks can you provide a bulleted summary of the analysis portion of the above legal research memo right here in the chat absolutely here's a bulleted summary and so now Co counsel is writing a summary of the analysis and you'll notice some of the cases that we saw in the memo show up right here let's take it one step further thanks please use the analysis from this legal research memo to help me prepare for a deposition I represent the plaintiff in a medical malpractice case and I'm deposing a medical expert witness who the defendant hospital will use to debunk my clients complaint that its surgeon was not medically competent which resulted in an irreversible lifelong injury Co counsel has finished so let's take a look at the results here we see council identified topics and questions for each of the topics that I could choose to use during my upcoming deposition let's continue working with Co counsel though in much the same way we did before so let's say OK thanks help me consider ways that a doctor being deposed with these topics and questions would try to avoid answering these questions respond right here in the chat so here we go Co counsel's helping us understand how that particular kind of deponent would try to avoid my questions all right so let's take it one step further OK thanks right here in the chat suggest some follow up questions that I can use to address these specific evasions notice I have a false piece of punctuation right here in my sentence but we'll see if that trips up council it doesn't appear to so now council is helping me think of follow up questions that I can use to try to get that deponent to answer answer my questions and then finally maybe I want to take all of these things that I'm thinking through with Co counsel maybe I like Co counsel strategy that it's helping me develop and I say great excellent can you include these exact bullets in an e-mail to my client James McGill at [email protected] please end the letter with my sympathies jimmy'z brother Charles recently died and now we see Co counsel beginning to draft a piece of correspondence that relates to my exact request Co council is now drafting an e-mail that responds exactly to my request Alright council finished the e-mail let's take a look dear James I hope this finds you well under the circumstances as we prepare for the deposition of the medical expert in your case I thought it would be helpful to anticipate some potential evasions and here's the list that we had from the last exchange I can refine my results here as well you've seen me refining them in the chat let's say there's one more chat let's say I know Jimmy and Chuck on a first name basis can we make this more casual even friendly all right and here we see Co council finished this correspondence as well hey Jimmy see a change from James I know this message finds you I hope this message finds you hanging in there as we're gear up for the deposition there we go above all else just want to let you know I'm here for you Jimmy the loss of truck hit us all hard so I hope you can see how working with Co counsel works remember how in the beginning we had those general categories that we could Click to have Co counsel help us understand what it can do well as we work with Co counsel I can open this right sidebar and here we see those categories again but what Co council has done during the process of working with me it has read my conversation and is now gonna suggest specific kinds of work it can do relevant to my conversation so now here specific research options that I could choose specific review documents options that I can use and if I click any is it automatically puts a prompt in the chat and begins telling me what else I need so for example if I chose review or draft or summarize I might have to add some more information or complete a document at any point let's say I'm working with Co counsel every few chats Co counsel will update this list but let's say I do an about face and I change topics right away and I want Co counsel to immediately consider new examples that's fine I just click get new examples the other thing I can do in order to keep my work organized is when I'm turning to a different subject I can also open my chat menu and start a new chat so let's do that this will be our second chat let's go ahead and have council help us summarize a document so I need to summarize a document again keeping it simple telling Co counsel what I need to do here's where council will tell me exactly what it needs so in this situation it simply needs the documents I have many options I can upload them from my computer I can use recent files that have already uploaded I can even choose files from a database or I can connect other databases in this situation let's use recent files I'm gonna choose these two lower view articles and I'll hit add files now Co council wants to understand which type of document or which type of summary it should do so brief detailed or comprehensive please summarize both documents with a brief summary and we're off Co council is going to begin summarizing those documents 17:13