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The Night-Before Habit: On Arguing the Other Side, and Letting Software Start the List

MAGAZINE AIRNovember 6, 20261 min
The Night-Before Habit: On Arguing the Other Side, and Letting Software Start the List

There is an old piece of advice for advocates: know your opponent's case better than they do. It sounds like strategy. In practice it is a habit, and a lonely one. It is usually done late, with the file spread across a desk and the hearing a few hours away.

The habit is simple to describe. You stop being on your client's side for an hour. You read the documents looking for the gap, the inconsistency, the generous reading the other side will offer the judge. Then you write it down, because an argument you have written down is one you can answer.

What makes it hard is not intellect but stamina. Large bundles, tight deadlines, and the natural pull toward your own theory all push it to the end of the list.

Some software is now built to help with that first draft. ilovelawyer, a case workspace for lawyers made by FORHU, has a pane called Red Team. It reads the case file and lists the arguments opposing counsel is likely to make, ranked by threat, each with a suggested response. It sits beside a version of the case story told from the other side, one of three the workspace writes.

None of this replaces the habit. The pane offers a starting list, and the lawyer still reads, weighs and decides. FORHU presents the output as a provisional assessment, not a forecast.

But a starting list changes the shape of the evening. Instead of a blank page and a tired mind, there is something to argue with. For a habit that depends on stamina, that may be the most useful kind of help.

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