Module 4: AI-Supported Legal Drafting

Lesson 4.3 — Litigation Analysis and Strategy Development

Learning Objectives

1. Use AI to support each phase of a civil litigation matter from intake to trial preparation.
2. Apply multi-step prompt workflows to develop case theory, issue-spotting, and strategic options.
3. Combine AI assistance with human legal judgment to evaluate risk, estimate outcomes, and create litigation plans.
4. Design discovery and document-review prompts that reduce noise and surface priority items.
5. Recognize the ethical limits and confidentiality safeguards necessary in litigation use of AI.
6. Produce an AI-assisted litigation strategy memo and litigation timeline subject to attorney verification.

AI can accelerate litigation analysis and strategy development by organizing facts, identifying issues, suggesting lines of inquiry, and preparing drafts for pleadings, motions, discovery plans, and trial materials. The following sections describe how to use AI responsibly and effectively for each major litigation component.

1. Intake and Early Case Assessment

Purpose: Rapid triage and creation of a litigation intake file, issue map, and initial risk assessment.

Workflow:

1. Collect and anonymize core facts.
2. Use AI to generate an issue list and potential causes of action/defenses.
3. Produce a basic damages estimate and likely remedies.
4. Identify immediate procedural deadlines or statutes of limitation.

Prompt template — Intake & Triage:

Role: You are a litigation intake analyst.

Facts: [Anonymized 6–10 bullet facts]

Task:

1. List top 6 legal issues in order of strength.
2. For each issue, list 2 types of evidence that would most strongly support it.
3. Identify any apparent statute of limitations or immediate deadline concerns.
4. Provide a one-paragraph initial risk assessment (low/medium/high) explaining reasoning.
5. Constraints: Do not include client identifiers. Limit to 400 words.

Expected output: Issue map, evidence checklist, deadlines, risk rating.

Attorney action: Verify issues, confirm deadlines, and open matter file.

2.Case Theory & Strategy Development

Purpose: Develop competing theories of the case and evaluate strategic approaches (litigate vs. settle, timing, forum, motions strategy).

Multi-step prompt (Theory & Strategy):

Role: Senior litigation strategist.

Context: [Brief facts and jurisdiction]

Task:

1. Propose two competing case theories (plaintiff and defendant viewpoints).
2. For each theory, list the three strongest legal arguments and three likely counterarguments.
3. Recommend litigation strategy options (aggressive, moderate, settlement) and pros/cons of each.
4. Identify key discovery sources and early motions to consider.
5. Constraints: Provide reasoning and highlight uncertainty areas to verify with counsel.

Outcome: Strategy memo draft (high-level recommendation, tactical options, verification needs).

Attorney action: Incorporate client objectives, weigh business factors, choose strategy.

3.Research & Motion Planning

Purpose: Use AI to structure research plans and draft motion outlines; then verify authorities.

Best practices:

• Use AI to produce IRAC or CREAC-style outlines for each motion point.
• Provide the AI with authorities you want considered; instruct it not to invent citations.
• Use AI to generate suggested supporting facts and documentary evidence needed for each element.

Prompt template — Motion Outline:

Role: Senior associate preparing a motion outline.

Context: [Cause of action and factual background]

Task:

1. Produce an IRAC outline for a motion to dismiss/motion for summary judgment (choose one).
2. For each element, list the types of documentary/affidavit evidence that would support it.
3. Provide the strongest three legal authorities (placeholder citations) to verify manually.
4. Constraints: Do not fabricate citations. Flag areas where a factual dispute is likely.

Attorney action: Verify authorities in Westlaw/Lexis; prepare exhibits and declarations.

4. Discovery Strategy and Document Review

Purpose: Use AI to create targeted discovery requests, prioritize document review, and produce early analytics.

AI uses in discovery:

• Generate focused interrogatories and requests for production tied to theory.
• Create an initial privilege log template and search term lists.
• Summarize large depositories (emails, contracts) and mark documents for human review.

Prompt template — Discovery Plan:

Role: e-discovery analyst.

Context: [Case facts; custodians; date ranges]

Task:

1. Propose 8 targeted RFPs and 6 interrogatories.
2. List 10 search terms (Boolean) to use for document culling, with reasons.
3. Create triage rules to prioritize documents (e.g., red flags for privileged, smoking gun indicators).
4. Provide a template entry for a privilege log.
5. Constraints: Keep instructions jurisdictionally neutral; do not include privileged text.

5.Document review workflow:

• Run search terms in document review platform.
• Use AI to summarize document batches and flag likely key items.
• Human reviewer confirms privileged status and marks for production.

Ethical note: Never upload unredacted privileged content to public AI. Use secure, authorized e-discovery tools or enterprise AI.

5. Depositions and Witness Preparation

Purpose: Use AI to prepare deposition outlines, likely lines of questioning, and impeachment points.

Prompt template — Deposition Prep:

Role: Trial preparation specialist.

Context: Witness biography and key facts (anonymized).

Task:

1. Provide a list of 20 specific deposition questions organized by topic.
2. Identify 5 likely evasive responses and suggested follow-up questions.
3. Draft a short impeachment plan using any known inconsistent statements (provide placeholders).
4. Constraints: Do not include personal identifiers.

Attorney action: Tailor questions to witness responses and verify impeachment material from original records.

6. Settlement Analysis and Negotiation Strategy

Purpose: Model settlement ranges, evaluate BATNA/WATNA, and draft negotiation scripts.

AI can:

• Produce settlement range scenarios based on damages, risk, and litigation costs.
• Draft opening negotiation letters and bargaining positions.
• Suggest concession strategies tied to business objectives.

Prompt template — Settlement Modeling:

Role: Litigation economist and strategy advisor.

Context: High-level damages estimate, case risk rating.

Task:

1. Provide three settlement range scenarios (conservative, median, aggressive) with assumed probabilities.
2. List factors that would alter the estimates and negotiation levers to use.
3. Draft a concise opening settlement letter outline.
4. Constraints: Quantitative estimates are illustrative only; recommend expert valuation for final numbers.

Attorney action: Input accurate damages figures, consult financial experts as needed, and use AI drafts as starting points.

7. Trial Preparation and Trial Book Creation

Purpose: Use AI to assemble trial notebooks, exhibit lists, jury instructions drafts, and direct/cross examination scripts.

AI uses:

• Draft exhibit indexing and summaries.
• Create trial timelines and demonstrative suggestions.
• Draft jury instruction templates and proposed verdict forms (jurisdiction specific prompts required).

Prompt template — Trial Book Outline:

Role: Trial preparation assistant.

Context: Case facts and confirmed exhibits (IDs, descriptions).

Task:

1. Create a trial notebook table of contents with chapter outlines.
2. Generate exhibit summaries (one-line per exhibit) and suggested use in direct/cross.
3. Produce a preliminary jury instruction list to be adapted to jurisdiction.
4. Constraints: Provide placeholders for citation and confirm all exhibits exist.

Attorney action: Build demonstratives, verify admissibility, and practice examinations.

8.Metrics, Budgeting, and Litigation Project Management

videos:

A Civil Lawsuit Explained in Steps | The Civil Litigation Process

How to Use the AI Trial Preparation Oral Argument Tool from Callidus

How to Develop a Strong Case Theory in Mock Trial

AI can help prepare cost estimates and litigation timelines:

• Use AI to estimate discovery hours, deposition prep, brief drafting time.
• Generate GANTT-style timelines and milestone checklists.
• Create client updates and status reports.

Prompt template — Budget & Timeline:

Role: Litigation project manager.

Context: Phases (discovery, motions, depositions, trial).

Task:

1. Provide a timeline with estimated durations and key deliverables.
2. Provide an estimated staffing plan and approximate hours (attorney/paralegal).
3. List critical path items and contingency steps.
4. Constraints: Estimates are preliminary and subject to staffing and case complexity.

Attorney action: Adjust estimates based on real firm rates and resource availability.

9.Ethical and Confidentiality Safeguards in Litigation

Use

Critical safeguards:

• Do not input privileged or identifying client materials into public AI. Use enterprise AI or on-prem solutions for confidential content.
• Document all AI use and verification steps in the matter file.
• Supervise staff using AI and set clear delegation rules.
• Verify every legal citation or factual assertion before filing or relying upon it.
• Consider client disclosure policies if using AI materially in drafting.

10.Practical Exercise (Recommended)

Task: Select a short real or hypothetical fact pattern.

Steps:

• Use the Intake & Triage prompt to generate issue map and evidence checklist.
• Use the Strategy prompt to create competing theories and recommend a strategy.
• Draft a motion outline using the Motion Outline prompt.
• Verify any authority suggested by AI with Westlaw/ Lexis/Google Scholar.
• Write a one-page reflection comparing AI output to your own analysis and note corrections.

Goal: Practice combining AI output with verification and attorney judgment.

11.Supplementary Learning Resources

Lesson 4.3 Quiz — Litigation Analysis and Strategy Development

Please complete this quiz to check your understanding of Lesson 4.3.

You must score at least 70% to pass this lesson quiz.

This quiz counts toward your final certification progress.

Click here for Quiz 4.3

Conclusion

AI can transform litigation workflows—accelerating intake, sharpening theories of the case, streamlining discovery, and improving trial preparation. The value of AI derives from structured prompts, disciplined verification, and attorney oversight. Use AI to surface possibilities, draft templates, and triangulate strategy options—but preserve human judgment for all strategic and legal decisions. When confidentiality, ethical safeguards, and verification are observed, AI becomes a high-value partner in litigation practice.

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Module 5: Ethics, Confidentiality, and Professional Responsibility

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Course 3 -Mastering AI and ChatGPT for Legal Practice — From Fundamentals to Advanced Research and Ethical Use