Thomson Reuters' Claims Explorer: A Powerful Tool For Legal Claim Identification 

Attorneys are acutely aware of the potential pitfalls associated with overlooking claims. For plaintiffs’ attorneys, missing a claim could mean unclaimed compensation, while for defense counsel, it might result in unforeseen liabilities. Identifying claims is not only important for litigators though. In-house counsel and government lawyers must also meticulously assess potential claims to strategize effectively, and transactional lawyers need to consider potential litigation risks during negotiations. 

Thorough claims identification has to go beyond brainstorming. It requires a nuanced understanding of legal precedent, statutes, and potential arguments. Despite best efforts, however, the process of identifying claims often resembles an exercise in speculation, as evidenced by the frequency with which complaints are amended, even by sophisticated practitioners.

Enter Thomson Reuters’ Claims Explorer, an innovative tool integrated into Westlaw Precision with CoCounsel and designed to address the challenge of unrecognized claims using generative AI. With Claims Explorer, attorneys can input a fact pattern and receive a comprehensive list of potential statutory, common law, and constitutional claims, complete with granular insights down to the subsection level. 

To do this, Claims Explorer leverages the expertise of Thomson Reuters’ extensive and expert team of attorney editors, who create dedicated editorial content which augments and fuels the generative power of a large language model. Product testing has shown transformative results across a range of legal practitioners.

Operational Overview

Accessing Claims Explorer is straightforward. A single click within Westlaw Precision with CoCounsel brings up a user-friendly interface where researchers are prompted to enter a concise fact pattern — typically three to four sentences suffice. For instance, consider a scenario involving a California worker placed on unpaid leave after an on-the-job injury despite being capable of performing required duties.

Within moments, Claims Explorer generates a list of potential federal and state statutory, common law, and constitutional claims. 

Results are categorized as either “supported” or “additional facts needed,” with the latter accompanied by detailed analyses indicating a potential claim and identifying information missing from the prompt which would support that claim. For example, in the worker scenario, a potential claim might require the employer to receive federal financial assistance, and the tool explicitly notes this prerequisite.

This feature serves as an invaluable starting point for further inquiry, facilitating discovery requests or prompting additional client questions. It ensures that attorneys comprehensively explore all potential avenues of liability, enhancing their ability to identify unknown risks.

Enhanced Analytical Precision

Claims Explorer provides detailed insights into each claim, including specific legal subsections. For instance, in the California state law context of the worker scenario, attorneys receive not only the relevant statutory section but also the specific subsection, along with a detailed analysis of its applicability.

This level of detail, previously attainable only through extensive research, is now accessible within seconds thanks to the generative AI capabilities of Claims Explorer. The precision of the tool is attributed to the training provided by Thomson Reuters’ highly experienced expert attorney editors.

Efficacy and Impact

Thomson Reuters’ testing of Claims Explorer reveals impressive efficacy. In an analysis of cases where sophisticated Am Law firms amended complaints to add claims, Claims Explorer identified the missing claims 94% of the time when provided with only the facts from the original complaint. And in a comparative study, lawyers using Claims Explorer identified three times as many potentially viable claims in half the time compared with those working without the tool. 

Implications for Legal Practice

The introduction of Claims Explorer has significant implications for various aspects of legal practice:

1. Litigation Preparation: Enhances the thoroughness of initial case assessments and complaint drafting.
2. Risk Management: Assists defense counsel in anticipating potential claims, identifying counterclaims, and developing comprehensive strategies.
3. Transactional Due Diligence: Provides transactional attorneys with insights into potential litigation risks.
4. In-House and Government Counsel: Facilitates more comprehensive legal risk assessments.

While Claims Explorer represents a powerful addition to the legal professional’s toolkit, it is important to note that it serves as an aid to, rather than a replacement for, skilled legal analysis. The tool’s efficacy in identifying potential claims should of course be balanced with the practitioner’s experience and expertise in evaluating the merits and strategic value of pursuing claims. 

In conclusion, Claims Explorer represents a significant advancement in legal technology — an effective tool where previously there was none — equipping attorneys with powerful functionality to mitigate the risk of missed claims and enhance their strategic decision-making processes. Find out more about Claims Explorer on Westlaw Precision with CoCounsel here.