There’s no denying it—artificial intelligence is changing the legal landscape. Generative AI and the use of machine learning promise to boost efficiency and reduce prep time through multiple phases of litigation. 

For depositions in particular, AI can cut through a tsunami of document review and help identify the connections, contradictions, and facts to explore during witness testimony. 

While some may be reluctant to give the technology a try, many legal professionals understand the benefits of investing in AI in law to improve their deposition procedures. 

The Advantages of AI in Deposition Preparation

Questioning parties during depositions is core to litigation discovery. It provides critical information to cut through assumptions, claims, and conflicts. But preparing for and getting the right results from depositions can be a time-consuming challenge. 

Artificial intelligence can aid in your deposition preparation through: 

Reducing Time Spent

Even if they skim the surface rather than read every page in-depth, a legal team can’t cover the same ground as quickly. Through the use of supervised machine learning, AI can save time on¹: 

• Large-scale document review
• Ability to wade through online sources, from white papers and opinions to statutes 
• Legal, industry, and other preparatory research
• Identifying a subsection of information and results for further human analysis

Improved Results

In addition to saving time, AI tools can deliver improved results. They offer: 

• Lower risk of missing documents or research areas
• Increased accuracy
• More relevant information
• Data-driven results

Additionally, within the realm of supervised machine learning, AI can identify interesting insights and correlations that may provide a fresh approach to the data.¹

Customization

AI developers working with the legal industry understand the need to customize. Tools are being created that: 

• Specialize in unique practice areas
• Understand jurisdictional nuances
• Are tailored to specific case types and steps

Additionally, the ability to learn responsively, based on feedback and corrections, means that AI can increasingly support: 

• Strategy development
• Customizable practice scenarios
• Firm and attorney tone of voice and style

AI-Driven Legal Research Platforms

It’s no longer a light on the horizon—AI is fully embedded in major legal technology platforms. Its specific functions include: 

Document Analysis and Management Systems

Deposition preparation includes a full review and understanding of how all the available documents inform, connect, and contradict each other. This can include: 

• Prior deposition transcripts and witness statements
• Pleadings, interrogatories, and admissions
• Reports and investigations
• Employment, disability, and medical records
• Memos and work product

Document summary tools utilize advanced machine learning to prepare succinct summaries of each item in lieu of assigning a team member to pore through them. 

Document analysis takes it further by performing specific tasks, such as: 

• Locating all instances of a witness acting in bad faith or using deception
• Identifying poor decision-making or errors
• Finding connections between witnesses or legal entities

Deposition Outlines

With document review completed, AI can move on to a deposition preparation function. Once you’ve reviewed the critical data, the next step to deposition prep is to create an outline of the key issues and subjects that you’ll need to cover during questioning.

You’ll provide directive prompts such as²: 

• Type of case and claims at issue 
• Type of deposition (expert, fact, etc.)
• Witness relationship to opposition and adverse status
• Known witness facts or characteristics such as truthfulness
• Deposition goals related to information-gathering, witness credibility, etc.

AI can return a deposition outline with topics and suggested questions for each topic, which you can edit and adapt as needed.

Currently, there is a lot of technology in development to further assist with depositions, such as the ability to identify witness behavior and craft deposition questions in real-time.³

Predictive Analytics for Case Outcomes

Combining AI with data analytics makes for powerful predictive tools. With the ability to scan and absorb massive amounts of case files and documents, AI can return predictions including: 

• Specific case outcomes
• Patterns and trends relevant to outcomes
• Potential conflicts of interest

Importance of Human Oversight with AI Tools

Although AI is making huge strides in the legal industry to increase efficiency, it should not be implemented without supervision. Proper human oversight may help mitigate any biases and enhance transparency.⁴

To utilize AI effectively, firms need to establish thorough guardrails, which should include^4,5: 

• Transparency: The use of AI tools or other technology should be transparent to hold firms accountable within the legal industry. 
• Ongoing Training: As AI adapts, it’s critical that legal professionals using these tools are trained on how to use the tools effectively. In addition, AI tools should be updated regularly and retrained on any changes in the legal landscape.  
• Human Oversight: Any AI-automated tasks and outputs should be reviewed by humans and modified as needed. 

Looking Ahead: The Future of AI in Legal Deposition Preparation

Major jumps in technology always have some growing pains to address, but there are many benefits of leveraging AI for deposition preparation and analysis. 

Legal professionals can free up their teams to focus on strategic casework rather than spending extra time sifting through miles of paperwork. Smaller firms will be able to enter into casework that formerly required massive workforces. The increase in efficiency and accuracy will grow as tools are embedded within particular specialties and firms. 

To make smart decisions for your firm, vet and compare available tools, connect with service and support partners who understand the value of AI, and look for long-term investments that boost your efficiency, work quality, and profit potential. 

Sources: 

1. Bloomberg Law. Artificial Intelligence for Lawyers Explained. https://pro.bloomberglaw.com/insights/technology/ai-in-legal-practice-explained/
2. Casetext Inc. 4 steps to acing your next deposition, using AI. https://casetext.com/blog/4-steps-to-acing-your-next-deposition-using-ai/
3. Multiplatform.ai. Artificial Intelligence Revolutionizing Deposition Preparation in Legal Practice. https://multiplatform.ai/artificial-intelligence-revolutionizing-deposition-preparation-in-legal-practice/
4. Linkedin. Empowering the Judicial System with Generative AI: A Comprehensive Guide. https://www.linkedin.com/pulse/empowering-judicial-system-generative-ai-guide-sanjay-k-mohindroo–ebftf/?trk=public_post 
5. CNBC. AI is making its way into the courtroom and legal process. https://www.cnbc.com/2023/11/01/ai-is-making-its-way-into-the-courtroom-and-legal-process.html