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Alternative Dispute Resolution

<p>As a result of the entrenched nature of eDiscovery, litigation is an area of law in which a large number of technology vendors operate. The field of eDiscovery continues to evolve, with ever more sophisticated tools providing forensics solutions and data analytics capabilities. The acquisition by Reveal of Brainspace and NexLP is a good example of an evolving vendor, though Relativity, Exterro, Integreon, AccessData, Everlaw and many others have also developed data products. End-to-end case management systems have now adapted to provide capabilities that support other aspects of litigation practice, including chronology development, transcript management, exhibit management and trial preparation. Major players such as Opus 2 and Litera Litigate allow for integrations with eDiscovery vendors and the import of tagged hot documents into the case management system. During the pandemic, virtual court work has become necessary, giving rise to the development of platforms such as Armatus and DepoDirect for remote depositions and trials. In addition to these categories, many other point solutions have developed to support various aspects of litigation practice.</p>

Litigation Management

Discovery Responses

Court Reporting

When eDiscovery became ubiquitous and law firms were regularly confronted with large numbers of files that required review using a combination of technology and an army of people, the industry of eDiscovery services started evolving. Instead of a law firm hiring contract attorneys as reviewers, they started engaging third party service providers to do the work. The early ALSPs focused on this type of work and the volume has only increased with increased number of files in discovery. Providers in the category include Epiq, Integreon.

eDiscovery Services

In preparation for trial in certain jurisdictions, parties must file a book of authorities, a binder that records all cases cited in support of argument along with brief summaries of those cases. In other jurisdictions, a table of authorities is required at the beginning of a brief, referencing all caselaw, statutes and other secondary sources relied upon along with the page number on which those sources appear in the brief. This category of solutions automates the creation of a book or table of authorities based on uploading of key documents. 

Book of Authorities

Brief analysis tools provide a starting point for legal research, or a final check of court documents prior to filing. These solutions allow users to upload a brief or any document containing citations, and provides an analysis of the caselaw cited, including a report of cases that are relevant to the issues in the brief. The leading solution in the United States is Casetext Legal Research. In France, Doctrine is the category leader. Both Westlaw and LexisNexis have developed competitor products.

Brief Analysis

<p>Similar to a knowledge bank or a clause bank, a brief bank is an easily searchable repository of litigation documents that can be used as models and samples (also known as precedent material). Document management systems can sometimes become messy with multiple drafts of pre-filed documents, and in circumstances where rigour and consistency is not applied to tagging final, filed documents, it can be difficult to find the relevant precedent documents unless effort has been taken to collect and store them separately. Fastcase, for example, now provides an API into a firm's dockets, through Docket Alarm, that is able to operate as a secondary repository, distinct from a document management system, containing only final filed documents that may be designated as precedent documents.</p>

Brief Bank

As the artifical intelligence technology used in the legal industry has matured, solutions have evolved that help lawyers draft briefs and motions by suggesting arguments and authority based on the algorithm's conceptual understanding of the facts of a case. As a lawyer begins to draft, these tools suggest relevant authority so that time spent searching for caselaw and relevant statute provisions is minimized. Casetext's Compose is the best known of these solutions.

Brief Drafting

Case Collaboration

Creating a chronology of events is often one of the first tasks in a litigation matter to understand the series of events that led to a claim being made. Chronologies become extremely long, and a critical aspect of the storytelling of a case. Being able to tie key documents, issues, and witnesses to items in the chronology is a critical aspect of litigation strategy. Electronic chronology solutions commonly allow for issues and witness tagging so that the chronology becomes an organic document linked to key evidence. End-to-end case management solutions typically include automated chronology development. This category includes only those that provide chronology support outside of more fulsome case management support. 

Chronology

Ensuring that case citations in briefs, motions and pleadings are accurate and correctly formatted requires painstaking manual proofreading. Various solutions address this pain-point. Some, like Litera’s Litigation Companion and Thomson Reuters’ Drafting Assistant, are Word plug-ins that allow simple in-app checks of citations and citation formatting. Others, such as Casetext’s CARA, Quick Check in Westlaw Edge, and the Judicial Brief Analysis by LexisNexis allow for the uploading of a brief or any document that contains citations, whereupon the tool provides lists of additional relevant cases, note-ups of existing cases, or cases that should be cited in opposition. This functionality is not limited to the US, with Doctrine providing a robust citation check solution for French law.

Citation Check