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Casetext Survey Finds ‘Shocking’ Level of Missing Relevant Cases in US Courts

Artificial Lawyer: “New research conducted by legal AI-led litigation research system Casetext, has shown that 83% of US judges and their clerks find that lawyers’ briefs are missing relevant cases that could impact the trial ‘at least some of the time’. The survey, of over 100 US Federal and state judges, revealed what the company says are ‘some pretty shocking statistics’. Judges were asked how often they uncover case law that is not cited in the attorney’s brief, on a scale of “never happens” to “almost every case.” The findings revealed that:

  • 100% of the judges surveyed, i.e. all of them, said that attorneys missing relevant cases is a problem.
  • 83% of the judges said that they or their clerks catch missing relevant cases at least some of the time.
  • Over a quarter of judges (27%) said that they or their clerks catch precedents that attorneys have missed “most of the time” or “almost always.”
  • While only a small minority (16%) said that they rarely, but still sometimes, catch missing cases that litigators should have cited in their submissions…”

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