For law firms, corporate legal departments, and litigation teams preparing for appellate argument, AI tools now offer a faster way to study judges and test positions before a hearing.
Deciding how much weight those tools deserve, and where human preparation still matters, affects how advocates spend their limited time before argument.
Law.com published “Reading the Bench: How Appellate Lawyers Are Using AI in Oral Argument Prep,” by The article looks at how appellate attorneys use AI to anticipate how judges question counsel and to rehearse their answers. James P. Flynn, Managing Director and Member of the Firm of Epstein Becker Green, and trial and appellate counsel to businesses in commercial, intellectual property, employment, and trade secret disputes, described how he uses AI when building an oral argument outline.
Jim uploads the filings from both sides and asks the tool to flag arguments that his opponent’s brief leaves underdeveloped. Those points become candidates to press at argument. He treats the AI-generated draft as raw material for his own outline and revises it heavily.
“The ultimate outline that I use is usually pretty different than the one that’s created, but it does give me building blocks,” Flynn said.
Get in Touch
To discuss how an appeal, an intellectual property or trade secret dispute, or a challenge to government action may affect your business, contact James P. Flynn at jflynn@ebglaw.com.
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Managing Director / Member of the Firm