Enrico walks through drafting a trial brief with ChatGPT in stages: first brainstorm themes and strategy in a dedicated thread, then test evidence against those themes in a separate thread, then map the opposing party's strongest and weakest arguments. Only after these analytical phases does he extract insights and draft the brief one section at a time, rather than uploading everything at once.
Chapters
Today we're going to be talking about the correct way to use ChatGPT to prepare a trial brief. I think a lot of lawyers just assume they can go to the chat box, upload a few documents, and start drafting— ask the, you know, ChatGPT to, to start drafting the brief for them. That is not the way these AI tools work. It's not the way ChatGPT works. So here's the process, the correct process for doing a substantial drafting project with a tool like ChatGPT. The first thing is to have a project folder for that client that's got some good contextual information that's being added automatically to the token chain because it's the base information about the client, which might include call transcripts, the complaint in the matter, which includes the factual allegations, these types of things. And then you want to tell ChatGPT, hey, The first thing we're going to do is brainstorming. I don't want you to start drafting yet. We need to figure out how it is we're going to win this case. So we're going to need to develop themes that we think that the jury or the arbitrator or the judge is going to be persuaded by. So first thing you're going to do is start a thread that is just purely brainstorming, and then you're going to chat back and forth and think about different ways that, that you might You know, be challenged in the case, arguments that the defense or the plaintiff is going to make against you, what you feel are the winning arguments in the case based on the fact that you've been working on this case for the last year or 2 years or 3 years. So you want to do this kind of thought-provoking brainstorming with the tool, and you can even use the voice mode and walk away and just have a conversation with the thread. About how you might win the case. Then you want to start a new thread where you upload some of the themes that you've identified as what you believe are winning themes. And you want to say, okay, here's some actual evidence. And you want to go and you want to handpick the exhibits and you want to handpick those portions of the exhibits, maybe screenshots of key pieces of information that you want to start working with. So now you've got your themes. You got to see if the evidence is going to fit within the themes, how the evidence fits within the themes. Then you're going to have a thread that's going to be all about the defendant's arguments, trying to understand what you think those arguments are going to be. What is the most powerful evidence? What is the weakest evidence about those arguments? Then you're going to feed in more exhibits. You can see there's going to be all kinds of things you're going to do before you even get to drafting. And when you finally get to drafting, you're You're not going to say draft the brief. You're going to take the most important pieces of information from each thread. You're going to then make that contextual in a new thread or even a new project. And then from there, you're going to draft one section at a time. My name is Enrico. We'll see you next time.
