Push Research: What It Is and Why It Matters (Part I)

The following is part one of a two-part series.

In the movie “Minority Report”, the police make use of psychics called “precogs,” who are able to predict crimes before they even occur. It’s a science fiction movie set in 2054, but every day it feels more relevant to the practice of law. That’s because, like the precogs in “Minority Report,” legal tech tools can now deliver information to lawyers before they even become aware they need it. These tools aren’t psychic, exactly, but they do make use of artificial intelligence.

The latest example of this AI-driven phenomenon is a concept called “push research,” and it will create a sea change in the way we practice law. This post will explain what push research is, and part two will explain why it matters so much to practicing lawyers.

The idea behind push research is simple. Traditionally, lawyers have conducted research by actively searching out information. With push research, that changes. Instead, even as lawyers remain passive, push research systems proactively send lawyers material relevant to their matters.

Your computer might know, for example, that you are currently working on two patent cases, one about a biopharmaceutical and another about a medical device, and that you’re also taking on a pro bono asylum case. The computer has “read” all of the documents associated with each matter, and thus knows the factual, legal, and procedural issues in each. Based on this knowledge (or, more appropriately, “intelligence”), a push research tool could:

• Watch the docket in your case, identify when opposing counsel files a motion, and find cases you might need for your response;
• Alert you when new precedent is handed down that may impact the patentability of medical devices;
• Personalize your test searches based on what case you’re working on — for example, highlighting asylum and biopharmaceutical cases.

We don’t have to wait until 2054 for this kind of thing — it’s happening now. In the consumer world, Google has already folded a kind of push research into its “Assistant.” Using its knowledge of your current location, calendar, and local traffic conditions, for instance, it might alert you, unprompted, that you need to leave 10 minutes early to make your afternoon meeting.

In the legal realm, Intraspexion helps in-house lawyers to help prevent lawsuits. By reviewing employee communications, including emails, it proactively highlights areas of potential concern before they metastasize. Similarly, Casetext’s AI legal research assistant, CARA, can follow your docket and email you relevant research when opposing counsel files a motion, including relevant cases they did not cite. It can also “push” out relevant briefs from which you can draw inspiration for how to prepare your response.

You may not have known that you were running late, that there might be a litigation risk at your company, or that there are weak points in opposing counsel’s moving papers. The computer proactively did the work for you, delivering valuable answers to you before you even asked the questions. Push research is, indeed, an entirely new way of finding information. And if precogs really existed, they would tell you that legal research is never going to be the same because of it.