3. Practical Prompting Techniques and Real-World Applications

This chapter provides battle-tested prompt templates organized by legal task type. Each section explains the technique, then provides ready-to-use examples you can adapt to your specific needs. Remember: these prompts follow the C.A.S.E. Framework and Prompt Sandwich structure you learned in Chapter 2.

Discovery and Document Review

Discovery is one of the most time-intensive phases of litigation. AI can dramatically accelerate document review, privilege logging, deposition analysis, and exhibit management—but only with properly structured prompts.

Deposition Summary and Analysis

When to Use: After receiving a deposition transcript that requires summarization for trial preparation or motion practice.

Key Technique: Provide clear case theory context so the AI can identify relevant testimony that supports or undermines your position.

Example Prompt:

**INSTRUCTIONS**
Act as a litigation paralegal preparing materials for trial counsel. 
Focus on identifying admissions, inconsistencies with prior testimony, 
and statements that support or undermine our case theory. Flag any 
testimony that may require follow-up in future depositions.

If you identify inconsistencies, cite both the current testimony and 
the conflicting prior statement with specific page and line numbers.

**CONTEXT**
This is an employment discrimination case. Plaintiff alleges she was 
terminated due to age discrimination. This deposition is of the HR 
Director who participated in the termination decision.

Our case theory: Plaintiff was terminated because of age-based comments 
made by her supervisor and a pattern of replacing older employees with 
younger ones.

Defendant's position: Plaintiff was terminated due to legitimate 
performance issues documented in her file.

**INPUT**
Summarize the attached deposition transcript of Sarah Martinez, HR Director.

Focus specifically on:
1. Her knowledge of the supervisor's comments about the plaintiff's age
2. Her involvement in the termination decision-making process
3. Any documentation she reviewed before the termination
4. Her awareness of the company's hiring patterns and employee ages
5. The performance issues she claims justified termination

**OUTPUT**
Provide a summary in this format:

KEY ADMISSIONS (testimony supporting our case)
- Direct quote with [page:line] citation
- Why this matters for our case theory

INCONSISTENCIES (conflicts with other evidence)
- Current testimony [page:line]
- Prior conflicting statement [source and citation]
- Significance

DEFENSE-FAVORABLE TESTIMONY
- Quote with citation
- How defense may use this

CREDIBILITY ISSUES
- Evasive responses
- Areas of uncertainty
- Changes in demeanor

FOLLOW-UP TOPICS
- Issues requiring clarification
- Documents to request
- Additional witnesses to depose

Maximum 5 pages. Include specific page:line citations for all quotes.

Privilege Log Creation

When to Use: When conducting document review for privilege determination and need to draft privilege log entries.

Key Technique: Define specific criteria for privilege while instructing the AI to flag documents requiring human review rather than making final determinations.

Example Prompt:

**INSTRUCTIONS**
Act as a discovery coordinator identifying potentially privileged documents 
for attorney review. Your role is to FLAG documents that may be privileged, 
not to make final privilege determinations.

Be conservative—when in doubt, flag for review. Only exclude documents that 
clearly have no privilege claim (e.g., purely business emails with no 
attorney involvement).

**CONTEXT**
We are conducting document review in a contract dispute. The producing 
party is XYZ Corporation. Relevant time period: January 1, 2023 to present.

Known attorney email domains:
- @smithlaw.com (outside counsel)
- [email protected] (in-house counsel)

**INPUT**
Review the attached 500 emails from the "Legal-Comms" folder.

For each potentially privileged document, extract:
1. Document ID/Bates number
2. Date
3. Author
4. Recipient(s)
5. Subject line
6. Brief description (1-2 sentences, no privileged content)
7. Privilege type claimed (attorney-client, work product, both)
8. Reason for privilege claim

**OUTPUT**
Create two lists:

PRIVILEGED/FOR REVIEW (documents requiring attorney review)
Format as table with columns:
| Doc ID | Date | From | To | Subject | Description | Privilege Type | Basis |

CLEARLY NOT PRIVILEGED (can be produced)
- Count only, do not list individually

FLAG FOR SPECIAL REVIEW (uncertain or complex privilege issues)
- List with explanation of the privilege question presented

Total: [X] documents reviewed, [Y] flagged as potentially privileged, 
[Z] clearly not privileged

Exhibit Tagging and Organization

When to Use: When preparing exhibits for trial or organizing discovery productions.

Key Technique: Create consistent categorization schemes that align with your case organization system.

Example Prompt:

**INSTRUCTIONS**
Act as a trial preparation specialist organizing exhibits. Extract key 
metadata to enable efficient exhibit management and cross-referencing.

Be precise with dates—use MM/DD/YYYY format. If a date is unclear or 
ambiguous, note "DATE UNCERTAIN" and explain the issue.

**CONTEXT**
Products liability case involving defective automotive parts. We represent 
the plaintiff. Trial is scheduled for six months from now.

Exhibit categories:
- DESIGN: Design documents, specifications, engineering drawings
- TESTING: Test results, safety analyses, quality control records
- COMMS: Internal communications about the product
- INCIDENTS: Prior complaints, incident reports, warranty claims
- FINANCIAL: Sales data, cost analyses, financial impact documents
- REGULATORY: Government filings, compliance documents

**INPUT**
Review the attached 50 documents designated as trial exhibits.

For each document, extract:
1. Exhibit number (if assigned, otherwise note "UNASSIGNED")
2. Document type (email, report, memo, spreadsheet, etc.)
3. Date of document
4. Author/sender
5. Recipient(s) (if applicable)
6. Primary category (from list above)
7. Secondary category (if applicable)
8. Key search terms (3-5 relevant keywords or names)
9. One-sentence summary
10. Relationship to key issues (if apparent)

**OUTPUT**
Format as a structured table:

| Ex. No. | Doc Type | Date | Author | To | Category | Keywords | Summary | Key Issues |

After the table, provide:

CROSS-REFERENCE NOTES
- Documents that reference other exhibits
- Chronological clusters (groups of related documents)
- Gaps in the documentary record

TRIAL PRESENTATION RECOMMENDATIONS
- Documents requiring enlargement for jury viewing
- Documents needing redaction
- Complex documents requiring expert explanation

Technology Assisted Review (TAR) Training

When to Use: When setting up or refining predictive coding/TAR protocols for large-scale document review.

Key Technique: Use AI to analyze documents and suggest search terms, but always validate findings against actual review results.

Example Prompt:

**INSTRUCTIONS**
Act as an eDiscovery consultant analyzing document review patterns. Your 
goal is to identify search terms and criteria that will improve the 
efficiency of our document review.

Base suggestions only on the sample documents provided. Do not speculate 
about documents you haven't seen.

**CONTEXT**
Securities fraud litigation. We represent defendant investment firm. 
Discovery focuses on communications about investment recommendations 
made to plaintiff between 2020-2023.

Current search terms are returning too many irrelevant documents. We need 
to refine our approach.

**INPUT**
Analyze the attached sample set of 100 documents:
- 40 marked RELEVANT by reviewers
- 60 marked NOT RELEVANT by reviewers

Identify patterns including:
1. Keywords that appear frequently in relevant documents
2. Keywords that appear frequently in irrelevant documents
3. Sender/recipient patterns in relevant vs. irrelevant documents
4. Date ranges with higher concentrations of relevant documents
5. Document types (email, memo, report) most likely to be relevant

**OUTPUT**
Provide analysis in this format:

RECOMMENDED INCLUSION CRITERIA
Terms/patterns that increase likelihood of relevance:
- Keyword/phrase: [frequency in relevant docs vs. irrelevant docs]
- Explanation of why this matters

RECOMMENDED EXCLUSION CRITERIA
Terms/patterns that decrease likelihood of relevance:
- Keyword/phrase: [frequency data]
- Explanation

SENDER/RECIPIENT ANALYSIS
High-value custodians (appear frequently in relevant documents):
- Name, role, frequency

Low-value custodians (rarely appear in relevant documents):
- Name, role, frequency

DATE CLUSTERING
Time periods with highest relevance rates:
- Date range: [start - end]
- Relevance rate: [X%]
- Key events during this period

REFINED SEARCH STRATEGY
Suggested Boolean search string incorporating findings above

QUALITY CONTROL RECOMMENDATIONS
- Sample size for next training round
- Types of documents to prioritize for review

Legal Research and Analysis

AI can accelerate legal research, but verification is critical. These prompts are designed to produce research memoranda that still require attorney validation of all citations and legal conclusions.

Statutory Comparison Across Jurisdictions

When to Use: When analyzing how different states or jurisdictions treat the same legal issue.

Key Technique: Request structured comparison that highlights key differences, not just a narrative description.

Example Prompt:

**INSTRUCTIONS**
You are a legal researcher analyzing multi-jurisdictional law. Provide 
comprehensive analysis with citations to primary sources.

For each jurisdiction, cite the specific statute or code section. If you 
are uncertain about current law, state: "This requires verification in 
[Westlaw/Lexis]."

Do not fabricate citations. If you cannot find a relevant statute, state: 
"No specific statute located; common law may govern."

**CONTEXT**
Client is expanding operations to multiple states and needs to understand 
non-compete agreement enforceability in each jurisdiction. This will inform 
our employment agreement drafting strategy.

**INPUT**
Compare non-compete agreement enforceability in the following states:
California, Texas, Florida, New York, and Illinois.

For each state, analyze:
1. General rule (enforceable, unenforceable, or conditional)
2. Statutory framework (specific code sections)
3. Required elements for enforceability (if applicable)
4. Time limitations (maximum duration enforced)
5. Geographic scope limitations
6. Protectable interests recognized
7. Special rules for specific industries or employee types
8. Recent legislative changes (last 5 years)
9. "Blue pencil" or reformation availability

**OUTPUT**
Structure your response as follows:

EXECUTIVE SUMMARY
One-paragraph overview of the spectrum from most to least restrictive.

JURISDICTION-BY-JURISDICTION ANALYSIS
[For each state:]

STATE NAME
General Rule: [one sentence]
Statutory Cite: [specific code section with full citation]
Key Elements: [numbered list]
Time Limits: [specific maximum, if any]
Geographic Limits: [specific restrictions, if any]
Protectable Interests: [what employers can protect]
Special Rules: [industry-specific or employee-specific rules]
Recent Changes: [legislative updates since 2019]
Reformation: [yes/no and explanation]
Practical Effect: [how this plays out in practice]

COMPARATIVE MATRIX
Create a table comparing all five states across key factors:
| Factor | CA | TX | FL | NY | IL |

STRATEGIC RECOMMENDATIONS
- Most employer-friendly jurisdiction for our client
- Least employer-friendly jurisdiction
- Jurisdictional drafting considerations
- Choice of law clause recommendations

VERIFICATION NOTE
List any citations or legal propositions that require verification in 
Westlaw or Lexis before relying on this analysis.

Case Law Synthesis for Motion Practice

When to Use: When researching case law to support a specific legal argument in motion practice.

Key Technique: Structure the AI's analysis around your specific argument, not just general legal principles.

Example Prompt:

**INSTRUCTIONS**
You are a senior associate preparing a research memorandum for a dispositive 
motion. Your analysis should be thorough, objective, and cite-checked.

For every case cited:
1. Provide full Bluebook citation
2. Include parenthetical explaining the holding
3. Note the procedural posture
4. Flag if the case is binding or persuasive authority

If you are uncertain about a case citation or holding, state: "VERIFY: 
[explanation of uncertainty]"

**CONTEXT**
We represent defendant in a negligence action arising from a slip-and-fall 
at a retail store. Plaintiff tripped over merchandise that had fallen into 
the aisle approximately 30 seconds before the fall. Store employee witnessed 
the merchandise fall but was assisting another customer and had not yet 
reached the fallen item.

We are filing a Motion for Summary Judgment arguing defendant had no 
constructive notice of the hazard and insufficient time to remedy it.

Jurisdiction: Florida state court (applicable law: Florida premises 
liability)

**INPUT**
Research and analyze Florida case law on premises liability, specifically:

1. The "constructive notice" standard in slip-and-fall cases
2. What constitutes "sufficient time" for a property owner to discover 
   and remedy a hazard
3. How courts treat cases where the hazard existed for very brief periods
4. Whether active assistance of other customers affects the duty to 
   remedy hazards
5. The plaintiff's burden in establishing constructive notice

Identify:
- The leading cases establishing the legal standard
- Recent cases applying this standard (last 10 years)
- Cases with factually similar circumstances
- Any cases that cut against our argument (opposing counsel will cite these)

**OUTPUT**
Structure as a formal research memorandum:

ISSUE PRESENTED
[One sentence framing the legal question]

BRIEF ANSWER
[2-3 sentences: Can we prevail on summary judgment and why?]

APPLICABLE LEGAL STANDARD
The legal test for constructive notice in Florida premises liability cases:
- [Element 1 with citation]
- [Element 2 with citation]
- [etc.]

ANALYSIS

A. Constructive Notice Requires Sufficient Time to Discover and Remedy
[Discuss leading cases with full citations and analysis]

B. Florida Courts Require Evidence of Adequate Time Period
[Discuss cases addressing temporal element]

C. Brief Duration of Hazard Supports Defendant
[Discuss cases with similar short time periods]
[Include case comparisons: "Unlike X case where..., here..."]

D. Employee's Competing Duties
[Discuss whether assisting customers affects notice analysis]

CONTRARY AUTHORITY
Cases plaintiff will likely cite:
- [Case name and citation]
- How it differs from our facts
- Potential counter-arguments

CONCLUSION
Summary of likelihood of success on summary judgment based on this 
research.

VERIFICATION CHECKLIST
[ ] All case citations checked in Westlaw/Lexis
[ ] Shepardizing completed for all cited cases
[ ] Procedural posture verified for all cases
[ ] Binding vs. persuasive authority confirmed
[ ] Recent legislative changes reviewed

Cases requiring verification: [list any uncertain citations]

Regulatory Compliance Analysis

When to Use: When analyzing whether a client's conduct complies with applicable regulations.

Key Technique: Request step-by-step analysis that applies regulations to specific facts, not generic compliance advice.

Example Prompt:

**INSTRUCTIONS**
You are a regulatory compliance specialist analyzing whether specific 
conduct complies with federal regulations. Your analysis should be 
methodical, cite-specific, and identify both clear violations and grey areas.

Cite to specific regulatory sections (e.g., "17 CFR § 240.10b-5").

If a regulation is ambiguous or its application to these facts is unclear, 
state: "AMBIGUOUS: [explanation of the interpretive question]"

**CONTEXT**
Client is a financial services firm that offers investment advice. We are 
analyzing whether certain marketing materials and client communications 
comply with SEC regulations, specifically:
- Securities Act of 1933
- Securities Exchange Act of 1934
- Investment Advisers Act of 1940
- Relevant SEC rules and regulations

This is a compliance review before launch of new marketing campaign.

**INPUT**
Analyze the attached marketing materials for regulatory compliance.

Review for:
1. Disclosure requirements (mandated disclaimers, risk warnings)
2. Prohibited statements (guaranteed returns, misleading performance data)
3. Required legend or boilerplate language
4. Performance advertising rules (if applicable)
5. Testimonial and endorsement rules
6. Social media-specific requirements (if materials include social posts)
7. Record-keeping requirements triggered by these materials

For each potential issue, identify:
- The specific regulation implicated
- Whether this is a clear violation, grey area, or compliant
- The potential penalty or enforcement risk
- Recommended corrective action

**OUTPUT**
Structure as a compliance memorandum:

EXECUTIVE SUMMARY
Overall compliance assessment: [Compliant / Needs Revision / Significant 
Issues]

CLEAR VIOLATIONS
[For each violation:]
Issue: [description]
Regulation: [specific cite]
Problem: [what makes this non-compliant]
Risk Level: [High/Medium/Low]
Fix: [specific corrective action]

GREY AREAS / INTERPRETIVE QUESTIONS
[For each grey area:]
Issue: [description]
Regulation: [specific cite]
Question: [what makes this ambiguous]
Conservative Approach: [safest interpretation]
Aggressive Approach: [more permissive interpretation]
Recommendation: [which approach to take and why]

COMPLIANT ELEMENTS
[Brief confirmation of what is already compliant]

REQUIRED ADDITIONS
Missing disclosures or legends:
- [What must be added]
- [Where it must appear]
- [Specific regulatory cite requiring it]

RECORD-KEEPING REQUIREMENTS
Documents that must be retained:
- [Document type]
- [Retention period]
- [Regulatory cite]

IMPLEMENTATION CHECKLIST
[ ] All violations corrected
[ ] Grey areas resolved with documented decision
[ ] Required disclosures added
[ ] Legal review completed
[ ] Compliance officer approval obtained
[ ] Record-keeping system updated

ITEMS REQUIRING FURTHER RESEARCH
[List any regulatory questions requiring consultation with specialized 
securities law counsel]

Drafting and Client Communication

AI excels at drafting when given sufficient context and clear structure requirements. These prompts produce first drafts that require attorney review and refinement.

Discovery Requests (Interrogatories and RFPs)

When to Use: When drafting initial discovery requests or supplementing existing discovery.

Key Technique: Tie each request directly to your case theory and make them specific enough to be non-objectionable.

Example Prompt:

**INSTRUCTIONS**
You are a litigation associate drafting discovery requests. Your requests 
should be specific, targeted, and difficult to object to on grounds of 
vagueness or overbreadth.

Follow these guidelines:
- Each request should seek specific, identifiable information
- Define ambiguous terms in the definitions section
- Use time limitations to narrow scope
- Avoid compound requests (ask one thing at a time)
- Include clear instructions for how to respond

**CONTEXT**
This is a breach of contract case. We represent the plaintiff, a software 
development company that contracted with defendant to build a custom 
inventory management system. 

Contract was executed: March 15, 2023
Performance due: September 15, 2023
Defendant delivered: November 30, 2023 (10 weeks late)
System defects: Multiple critical bugs, incomplete features

Our damages:
- Lost profits from inability to track inventory ($150,000)
- Cost of hiring another developer to fix defects ($75,000)
- Reputational harm from poor inventory management ($50,000)

Defendant's defenses:
- Claims delays were due to plaintiff providing incomplete specifications
- Claims "defects" are actually requested features plaintiff later rejected
- Disputes causation of lost profits

**INPUT**
Draft 15 interrogatories and 10 requests for production of documents.

Interrogatories should address:
1. The development timeline and reasons for delay
2. Communications about specifications and requirements
3. Knowledge of defects and attempts to fix them
4. The contract interpretation and performance expectations
5. Defendant's calculation of damages (if any counterclaim)

Requests for Production should seek:
1. All versions of the software and code
2. Project management documents and timelines
3. Communications about specifications and requirements
4. Testing records and bug reports
5. Financial records showing costs incurred

**OUTPUT**
Format as formal discovery requests:

[CAPTION]

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

INSTRUCTIONS
[Standard interrogatory instructions]

DEFINITIONS
[Define key terms that appear in multiple interrogatories]

INTERROGATORIES

INTERROGATORY NO. 1:
Identify each person who participated in the initial contract negotiations 
in March 2023, including:
(a) Full name and title
(b) Dates of involvement
(c) Role in negotiations
(d) Whether they are still employed by Defendant

[Continue through Interrogatory 15...]

---

PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

INSTRUCTIONS
[Standard RFP instructions]

DEFINITIONS
[Define key terms]

REQUESTS FOR PRODUCTION

REQUEST NO. 1:
All versions of the inventory management system software delivered to 
Plaintiff, including:
(a) Source code
(b) Compiled applications
(c) Documentation provided with each version
(d) Version control logs showing changes between versions

Produce in native electronic format with metadata intact.

[Continue through Request 10...]

ATTESTATION
I declare under penalty of perjury that the foregoing responses are true 
and correct.

Date: ________________    _______________________________
                         [Attorney Name]
                         Attorney for Plaintiff

Demand Letters

When to Use: When initiating settlement discussions or making pre-litigation demands.

Key Technique: Balance persuasive advocacy with professional tone; include specific demand and deadline.

Example Prompt:

**INSTRUCTIONS**
You are a litigation attorney drafting a pre-litigation demand letter. The 
letter should be:
- Professional but firm in tone
- Factually accurate and specific
- Legally sound (cite relevant law)
- Persuasive about liability and damages
- Clear about the demand and deadline
- Written to preserve the option of litigation

Avoid:
- Inflammatory language
- Unsupported legal conclusions
- Threats that cannot be carried out
- Overly technical jargon

**CONTEXT**
We represent a homeowner (Maria Rodriguez) in a construction defect matter. 
She hired defendant contractor (BuildRight Construction) to remodel her 
kitchen for $85,000 (contract dated January 10, 2024).

Problems:
- Cabinets installed crooked (visibly uneven, doors don't close)
- Countertop has visible seam in wrong location (not per plan)
- Plumbing leaks discovered after completion (water damage to floor)
- Electrical outlets not up to code (failed inspection)
- Completion date missed by 6 weeks

Financial impact:
- Cost to repair defects: $32,000 (estimate from licensed contractor)
- Water damage repair: $8,500
- Temporary housing during repairs: $6,000
- Diminution in home value: $15,000

Client wants to:
1. Get all work corrected to contract standards
2. Recover repair costs and consequential damages
3. Avoid litigation if possible (home equity line at stake)

Jurisdiction: Texas (applicable law: Texas Residential Construction 
Commission Act, Texas Deceptive Trade Practices Act)

**INPUT**
Draft a demand letter to BuildRight Construction.

The letter should:
1. Establish the attorney-client relationship
2. Summarize the contract and its terms
3. Detail each defect with specificity
4. Explain why these are breaches of contract
5. Reference relevant Texas law
6. Itemize damages with supporting evidence
7. Make a clear demand (correct defects OR pay damages)
8. Set a reasonable deadline (30 days)
9. Indicate willingness to discuss resolution
10. Preserve litigation option without explicit threats

**OUTPUT**
Format as a formal business letter:

[Law Firm Letterhead]

[Date]

BuildRight Construction
[Address]

Re: Demand for Correction of Construction Defects
    Property: 123 Main Street, Austin, Texas
    Client: Maria Rodriguez
    Contract Date: January 10, 2024

Dear Mr. [Name]:

This firm represents Maria Rodriguez concerning serious construction defects 
in the kitchen remodeling project you performed at her residence located at 
123 Main Street, Austin, Texas. This letter serves as formal notice of 
breach of contract and demand for correction or compensation.

[BACKGROUND section - contract details, timeline, scope of work]

[DEFECTS section - detailed description of each defect with specific 
observations]

[LEGAL BASIS section - breach of contract, DTPA violations, applicable law]

[DAMAGES section - itemized with supporting documentation]

[DEMAND section - specific demand, two options (fix or pay), deadline]

[CONCLUSION - willingness to discuss, preservation of rights]

Please respond to this demand by [DATE, 30 days from letter date]. We 
remain open to discussing a reasonable resolution that avoids the expense 
and uncertainty of litigation. However, if we do not receive a satisfactory 
response by the deadline, Ms. Rodriguez has authorized us to pursue all 
available legal remedies.

Sincerely,

[Attorney Name]
[Attorney for Maria Rodriguez]

Enclosures:
- Contract dated January 10, 2024
- Repair estimate from [Contractor Name]
- Water damage estimate
- Photographs of defects
- Failed inspection report

Client Status Updates and Case Explanations

When to Use: When explaining legal developments to clients in plain language.

Key Technique: Translate legal concepts without being condescending; always include next steps and timeline.

Example Prompt:

**INSTRUCTIONS**
You are a paralegal drafting a client communication. Write in plain English 
suitable for a client with no legal background (8th grade reading level).

Guidelines:
- Avoid legal jargon; when unavoidable, define terms in parentheses
- Use active voice and short sentences
- Focus on practical implications for the client
- Be direct about risks and uncertainties
- Always end with clear next steps and timeline

Tone should be:
- Professional but warm
- Informative without being overwhelming
- Honest about challenges without being alarmist
- Reassuring without making promises

**CONTEXT**
We represent plaintiff in an employment discrimination case. Client is a 
45-year-old woman (Jennifer Thompson) who was terminated from her job as 
a regional sales manager. She alleges age and gender discrimination.

Recent development: The defendant filed a Motion for Summary Judgment 
arguing that:
1. Plaintiff cannot establish a prima facie case of discrimination
2. Defendant had legitimate, non-discriminatory reasons for termination 
   (poor performance)
3. Plaintiff cannot show these reasons were pretextual

We have 30 days to respond. We believe we have strong evidence:
- Performance reviews were consistently "exceeds expectations" until new 
  manager arrived
- Statistical evidence showing women over 40 are terminated at higher rates
- Email from supervisor calling her "past her prime"
- Younger, less qualified male was promoted to her position

However, there are some weaknesses:
- Last performance review (just before termination) was negative
- Client did miss some sales targets in final quarter
- Email comment is arguably ambiguous

**INPUT**
Draft an email to Jennifer Thompson explaining:
1. What a Motion for Summary Judgment is and why it matters
2. What the defendant is arguing
3. What we need to do to oppose it
4. Our assessment of strengths and weaknesses
5. What happens next and when
6. What we need from her (if anything)

Keep it to 2-3 pages maximum. Use section headings for readability.

**OUTPUT**
Subject: Important Update: Defendant's Motion for Summary Judgment

Dear Jennifer,

I'm writing to update you on an important development in your case. The 
defendant has filed what's called a "Motion for Summary Judgment," and I 
want to explain what this means, what we're doing about it, and what comes 
next.

**What Is a Motion for Summary Judgment?**

[Explanation in plain language - what it is, what it seeks, why defendants 
file these motions]

**What Is the Defendant Arguing?**

[Summary of the three main arguments in accessible language]

**Our Response Strategy**

[Explanation of our opposing arguments and the evidence we'll use]

**Honest Assessment of Where We Stand**

The good news:
[List of strengths in plain language]

The challenges:
[List of weaknesses, explained honestly but not alarmingly]

Bottom line: [Realistic assessment of likely outcome]

**What Happens Next**

Here's the timeline:
- [Date]: Our response is due
- [Date range]: We'll prepare your declaration and gather additional evidence
- [Date]: Judge will hear arguments (you don't need to attend)
- [Date range]: Judge will issue a ruling

**What We Need From You**

[Specific action items with deadlines, if any]

**What This Means for Your Case**

[Explanation of the two possible outcomes:
1. If we win the motion
2. If we lose the motion]

**Questions?**

I know this is a lot to digest. Please don't hesitate to call me at 
[phone] or email if you have any questions. I'm here to help you understand 
what's happening at every stage.

We believe in your case and are working hard to achieve the best possible 
outcome.

Best regards,

[Paralegal Name]
[Law Firm Name]
[Contact Information]

Negotiation Strategy and Talking Points

When to Use: When preparing for settlement discussions, mediation, or negotiation meetings.

Key Technique: Request both your arguments and anticipated counterarguments to prepare for back-and-forth.

Example Prompt:

**INSTRUCTIONS**
You are a mediator and negotiation strategist helping prepare for a 
settlement conference. Provide objective analysis of both parties' 
positions, including:
- Strong arguments on each side
- Weaknesses in each position
- Likely negotiation ranges
- Strategic approaches for different scenarios

Be realistic about both strengths and weaknesses. Do not inflate the value 
of weak arguments.

**CONTEXT**
Commercial lease dispute. We represent the landlord (Thompson Properties LLC).

Background:
- 10-year retail lease executed in 2019
- Tenant (Ace Sporting Goods) stopped paying rent in March 2024
- Tenant claims: Store became economically unviable due to road construction 
  blocking access for 8 months; lease should be terminated or reduced due 
  to "frustration of purpose" and "constructive eviction"
- Landlord position: No lease provision excuses rent for road construction; 
  tenant assumed this risk; other tenants in same plaza continued paying

Financials:
- Monthly rent: $15,000
- Unpaid rent to date: $120,000 (8 months)
- Remaining lease term: 5 years
- Total exposure if tenant walks: $900,000 plus re-leasing costs
- Tenant's proposed settlement: $30,000 to terminate lease
- Our costs to re-lease: ~$150,000 (tenant improvements, broker fees, 
  lost rent during vacancy)

Market context:
- Similar retail space is in low demand due to e-commerce shift
- Road construction is now complete
- Finding new tenant could take 12-18 months
- New tenant would likely demand lower rent ($10,000-12,000/month)

Mediation is scheduled for next week. We have authority to settle for as 
low as $200,000 cash payment plus immediate possession.

**INPUT**
Prepare comprehensive negotiation strategy including:

1. Our strongest arguments for full enforcement
2. Tenant's strongest arguments for release
3. Weaknesses in our position we must address
4. Realistic assessment of litigation outcomes if we don't settle
5. Negotiation ranges and likely settlement zone
6. Opening position, target settlement, walk-away point
7. Tactical approaches for different negotiation scenarios
8. Responses to anticipated tenant arguments
9. Creative deal structures beyond just cash payment

**OUTPUT**
Format as negotiation preparation memo:

NEGOTIATION STRATEGY MEMORANDUM

CLIENT: Thompson Properties LLC
MATTER: Ace Sporting Goods Lease Dispute
MEDIATION DATE: [Date]

I. EXECUTIVE SUMMARY
[Two paragraphs: current situation and recommended settlement approach]

II. OUR STRONGEST ARGUMENTS

A. Legal Arguments
1. [Argument with supporting law]
2. [Argument with supporting law]
3. [Argument with supporting law]

B. Practical/Business Arguments
1. [Practical point]
2. [Practical point]

C. Credibility/Equitable Arguments
[Why our position is fair/reasonable]

III. ANTICIPATED TENANT ARGUMENTS

A. Tenant's Legal Arguments
1. [Their argument]
   - Our response: [how we counter this]
2. [Their argument]
   - Our response: [how we counter this]

B. Tenant's Practical Arguments
1. [Their practical point]
   - Our response: [our counter]

IV. HONEST ASSESSMENT OF WEAKNESSES IN OUR POSITION

1. [Weakness]
   - Significance: [how much this matters]
   - Mitigation strategy: [how we address it in negotiation]

2. [Weakness]
   - Significance: [how much this matters]
   - Mitigation strategy: [how we address it in negotiation]

V. LITIGATION RISK ANALYSIS

If we proceed to trial:

Best case scenario:
- Outcome: [what we win]
- Probability: [realistic percentage]
- Recovery: [amount and timing]
- Costs: [litigation costs]
- Net result: [bottom line]

Worst case scenario:
- Outcome: [what we lose]
- Probability: [realistic percentage]
- Exposure: [potential loss]
- Costs: [litigation costs]
- Net result: [bottom line]

Most likely scenario:
- Outcome: [realistic expectation]
- Probability: [realistic percentage]
- Recovery: [amount and timing]
- Net result: [bottom line]

VI. SETTLEMENT ZONE ANALYSIS

Tenant's best alternative to settlement: $0 (wins on frustration doctrine)
Tenant's worst alternative: $900,000 (loses completely)
Tenant's likely range: $0 - $100,000

Our best alternative: $900,000 (tenant pays everything)
Our worst alternative: $0 (tenant wins release) plus $150,000 re-leasing 
costs = -$150,000
Our likely range: $200,000 - $400,000

ZONE OF POSSIBLE AGREEMENT (ZOPA): $100,000 - $400,000

VII. NEGOTIATION POSITIONS

Opening Position: $500,000 cash payment plus immediate possession
- Justification: [reasoning we'll articulate]

Target Settlement: $300,000 cash payment plus immediate possession, 
or $250,000 plus tenant completes some repairs
- Justification: [why this is fair to both sides]

Walk-Away Point: $200,000 cash payment plus immediate possession
- Rationale: [why we won't go lower]

VIII. TACTICAL APPROACHES

A. If Tenant Opens Low ($50,000 or less):
- Response: [how we react]
- Next move: [our counter]

B. If Tenant Starts at Reasonable Number ($150,000-200,000):
- Response: [how we react]
- Next move: [our counter]

C. If Tenant Refuses to Pay Anything:
- Response: [how we react]
- Next move: [whether we walk or try alternative structures]

IX. CREATIVE DEAL STRUCTURES

Beyond cash payment, consider:

1. Tenant Remains but Modified Terms
   - Reduce rent to $10,000 for remainder of term
   - Tenant pays $X towards arrears over time
   - Early termination option in Year 3

2. Hybrid Approach
   - Cash payment of $[X]
   - Tenant helps find replacement tenant (assigns lease)
   - Tenant leaves improvements in place

3. Release Plus Marketing Support
   - Cash payment of $[X]
   - Tenant displays "For Lease" signs in windows
   - Tenant allows showings during final 60 days

X. LIKELY QUESTIONS FROM MEDIATOR

Q: Why not just let them out and find a new tenant?
A: [Our response]

Q: Isn't this just throwing good money after bad?
A: [Our response]

Q: What if tenant files bankruptcy?
A: [Our response]

XI. KEY TALKING POINTS FOR MEDIATION

When mediator is in our room:
- [Point 1]
- [Point 2]
- [Point 3]

When mediator is in their room (what we want mediator to tell them):
- [Point 1]
- [Point 2]
- [Point 3]

XII. AUTHORITY AND DECISION TREE

We have authority to settle for $200,000 minimum.

Decision tree:
- If offer is $200,000+: Accept
- If offer is $150,000-$199,000: Call client for additional authority
- If offer is under $150,000: Reject and prepare for litigation

XIII. POST-MEDIATION PLAN

If we settle:
- [Implementation steps]

If we don't settle:
- [Litigation next steps]
- [Timeline]
- [Budget]

Trial Preparation and Strategy

Trial preparation requires meticulous organization and strategic analysis. These prompts help prepare for witness examination, organize evidence, and draft trial documents.

Witness Preparation and Cross-Examination Planning

When to Use: When preparing to examine a witness or preparing your own witness for testimony.

Key Technique: Organize questions by topic, anticipate objections, and prepare for unexpected answers.

Example Prompt:

**INSTRUCTIONS**
You are a trial attorney preparing for witness examination. Develop a 
comprehensive examination outline that:
- Follows logical topic progression
- Uses open-ended questions for friendly witnesses
- Uses leading questions for adverse witnesses
- Anticipates objections and has responses ready
- Identifies exhibit foundation requirements
- Flags areas where witness may be evasive

**CONTEXT**
Personal injury trial: plaintiff injured in car accident. We represent 
plaintiff.

This is direct examination of plaintiff's treating physician (Dr. Sarah Chen, 
orthopedic surgeon). She treated plaintiff for 18 months following the 
accident.

Key testimony we need:
1. Establish her qualifications (expert witness)
2. Nature and extent of plaintiff's injuries
3. Treatment provided and medical necessity
4. Plaintiff's pain and limitations
5. Future medical needs and costs
6. Causation (injuries caused by accident, not pre-existing)
7. Permanency of injuries

Challenges:
- Defense will argue some injuries are pre-existing (plaintiff had prior 
  back pain)
- Defense may challenge treatment as excessive/unnecessary
- Defense will argue plaintiff could return to work sooner
- Medical bills total $287,000 (defense says only $150,000 was necessary)

Exhibits to use:
- Exhibit 12: Dr. Chen's CV
- Exhibit 15-23: Medical records and imaging
- Exhibit 24: Life care plan prepared by Dr. Chen
- Exhibit 25: Fee invoice

**INPUT**
Prepare a direct examination outline for Dr. Chen.

Include:
1. Qualification section (establish expertise)
2. Background on how she came to treat plaintiff
3. Initial examination and diagnosis
4. Treatment rendered over 18 months
5. Current condition and prognosis
6. Future medical needs and costs
7. Causation opinions
8. Cross-references to exhibits
9. Anticipated defense objections with responses
10. Backup questions if witness answer isn't clear

**OUTPUT**
DIRECT EXAMINATION OUTLINE: DR. SARAH CHEN

I. INTRODUCTION AND QUALIFICATIONS [Exhibit 12]

A. Education and Training
Q: Please state your full name and occupation.
A: [Expected answer]

Q: Where did you attend medical school?
A: [Expected]

Q: Tell the jury about your specialized training in orthopedic surgery.
A: [Expected - residency, fellowship]

[Continue with qualification questions...]

OFFER DR. CHEN AS EXPERT WITNESS IN ORTHOPEDIC SURGERY
Anticipated objection: [None expected]

B. Experience and Practice
Q: How long have you been practicing orthopedic surgery?
Q: Approximately how many patients have you treated for injuries similar 
   to [Plaintiff]'s?

[Continue...]

II. INITIAL TREATMENT OF PLAINTIFF

A. First Encounter
Q: Dr. Chen, do you recognize the woman seated at counsel table in the 
   blue dress?
A: [Identifies plaintiff]

Q: How did [Plaintiff] come to be your patient?
A: [Referred by ER, date was [DATE]]

Anticipated objection: Hearsay if she describes what patient told her
Response: Not offered for truth; offered to explain basis of her diagnosis 
and treatment

[Continue with initial examination questions...]

B. Diagnosis [Reference Exhibits 15-16: X-rays and MRI]
Q: After your initial examination, what did you diagnose?
A: [Expected: lumbar spine fracture, soft tissue damage]

Q: Let me show you what's been marked as Exhibit 15. Do you recognize 
   this?
A: [Yes, X-ray from initial exam]

MOVE TO ADMIT EXHIBIT 15
Anticipated objection: Lack of foundation
Response: Dr. Chen has testified she ordered this, reviewed it, and relied 
on it in treatment

Q: Dr. Chen, what does this X-ray show?
[Continue with imaging testimony...]

III. TREATMENT PROVIDED

A. Initial Treatment Phase (Months 1-6)
Q: What treatment did you recommend initially?
A: [Conservative treatment: PT, medication]

Q: Why did you recommend this course of treatment?
A: [Medical necessity explanation]

Anticipated defense argument: Treatment was excessive
Preparation: Have Dr. Chen explain standard of care, why each treatment 
was medically necessary

[Continue with treatment timeline...]

IV. CAUSATION

Q: Dr. Chen, based on your examination and review of records, do you have 
   an opinion to a reasonable degree of medical certainty whether the 
   injuries you've described were caused by the accident on [DATE]?

Anticipated objection: Assumes facts not in evidence, calls for speculation
Response: Dr. Chen has testified to her review of records and examination; 
she can opine on causation based on this

Q: What is that opinion?
A: [Injuries caused by accident]

Q: What is the basis for that opinion?
A: [Timing, mechanism of injury consistent, no prior imaging showing these 
    injuries]

ADDRESSING PRE-EXISTING CONDITION:
Q: Doctor, you're aware plaintiff had complained of occasional back pain 
   before this accident?
A: [Yes]

Q: How does that affect your opinion?
A: [Acute injury superimposed on chronic condition; clear aggravation; 
    different pain pattern]

[Continue with causation testimony...]

V. PROGNOSIS AND FUTURE TREATMENT [Exhibit 24: Life Care Plan]

Q: Dr. Chen, do you have an opinion about whether plaintiff's injuries 
   are permanent?

Q: What future medical treatment will plaintiff require?
[List each item from life care plan with medical necessity explanation]

Q: Have you prepared a life care plan documenting these needs?
MOVE TO ADMIT EXHIBIT 24

Q: What is the estimated cost of this future medical care?
A: [Approximately $180,000 over lifetime]

Anticipated defense objection: Speculative, no foundation for costs
Response: Dr. Chen can testify to medical necessity; costs are based on 
current rates (if challenged, we have economist expert)

VI. IMPACT ON PLAINTIFF'S LIFE

Q: Doctor, based on your treatment of plaintiff over 18 months, what 
   functional limitations does she continue to experience?
A: [Cannot lift, prolonged sitting/standing limited, chronic pain]

Q: Can she return to her previous work as a warehouse supervisor?
A: [No, requires physical activity beyond her restrictions]

VII. FEES AND BILLING [Exhibit 25]

Q: What were your fees for treating plaintiff?
A: [Total from bill]

Q: Were these fees reasonable and customary for your area?
A: [Yes, standard rates]

Q: Were all treatments medically necessary?
A: [Yes]

Anticipated objection: Self-serving
Response: She's qualified to testify about standard fees and medical 
necessity

TENDER THE WITNESS

---

POTENTIAL PROBLEM AREAS:

If defense asks on cross about:
1. Pre-existing condition: Dr. Chen should emphasize acute vs. chronic; 
   mechanism of injury; timeline
   
2. Gaps in treatment: Explain COVID, insurance issues, patient compliance 
   (but don't blame patient)
   
3. Overly aggressive treatment: Dr. Chen should cite standard of care, 
   peer-reviewed literature
   
4. Ability to return to work: Emphasize specific functional limitations 
   that preclude her job duties

REDIRECT PREPARATION:
Have ready: [list of clarifying questions based on likely cross themes]

Exhibit Organization and Cross-Reference System

When to Use: When organizing trial exhibits and creating exhibit lists for trial.

Key Technique: Create a system that allows quick retrieval during trial and shows relationships between exhibits.

Example Prompt:

**INSTRUCTIONS**
You are a trial paralegal creating a comprehensive exhibit management system. 
The goal is to enable the trial team to quickly locate exhibits during 
testimony and understand how exhibits relate to each other.

Create clear categorization, cross-references, and usage notes for each 
exhibit.

**CONTEXT**
Construction defect trial. We represent homeowners. Trial is 3 weeks away.

We have 87 exhibits covering:
- Contract documents (original agreement, change orders)
- Correspondence (emails, letters between parties)
- Photographs (defects, work in progress, completed work)
- Expert reports (our expert and defense expert)
- Financial documents (invoices, payment records, repair estimates)
- Technical documents (building codes, inspection reports, warranties)

Witnesses who will use exhibits:
- Homeowner (client)
- Contractor (defendant)
- Our construction expert
- Defense construction expert
- Building inspector
- Repair contractor who gave estimates

**INPUT**
Analyze the attached 87 exhibits and create:

1. Master exhibit list with complete information for each
2. Categorization by type and topic
3. Witness-by-witness exhibit usage plan
4. Cross-reference system showing which exhibits reference others
5. Chronological event timeline with exhibit references
6. Quick-reference guide for trial team

For each exhibit, identify:
- Exhibit number
- Document type
- Date
- Author/source
- Brief description (1-2 sentences)
- Which witness(es) will use it
- What it proves (relevance)
- Related exhibits (cross-references)
- Foundation requirements
- Potential objections

**OUTPUT**
EXHIBIT MANAGEMENT SYSTEM

I. MASTER EXHIBIT LIST

CONTRACTS AND AGREEMENTS
Exhibit 1: Original Construction Contract
- Date: March 15, 2023
- Parties: [Homeowner] and [Contractor]
- Description: 12-page contract for home addition, price $285,000
- Witnesses: Homeowner, Contractor
- Proves: Scope of work, price, timeline, warranty obligations
- Related exhibits: 2 (Change Order #1), 3 (Change Order #2)
- Foundation: Homeowner will identify and authenticate
- Potential objections: None anticipated

[Continue for all 87 exhibits...]

---

II. EXHIBITS BY CATEGORY

A. CONTRACT DOCUMENTS
- Exhibit 1: Original Contract
- Exhibit 2: Change Order #1 (added bathroom, +$35,000)
- Exhibit 3: Change Order #2 (upgraded countertops, +$8,000)
- Exhibit 4: Final payment invoice

B. CORRESPONDENCE - DEFECT COMPLAINTS
- Exhibit 10: Email from homeowner to contractor, 8/15/23 (first complaint)
- Exhibit 11: Contractor response, 8/18/23
- Exhibit 12: Email chain, 9/1-9/5/23 (escalating complaints)
[Continue...]

C. PHOTOGRAPHS - DEFECTS
- Exhibits 20-35: Foundation cracks
- Exhibits 36-42: Roof leaks
- Exhibits 43-48: Electrical issues
[Continue...]

---

III. WITNESS-BY-WITNESS EXHIBIT PLAN

WITNESS 1: [HOMEOWNER NAME] (Plaintiff)

Opening Statement Exhibits:
- Exhibit 1 (Contract - establish agreement)
- Exhibit 45 (Photo of dream home before construction)
- Exhibit 73 (Photo of home with visible defects)

Direct Examination Flow:

Topic 1: Entering the Contract
- Exhibit 1: Contract (authenticate, discuss terms)
- Exhibit 5: Marketing materials from contractor

Topic 2: Work Performance Issues
- Exhibit 10: First complaint email
- Exhibit 12: Email chain
- Timeline: Show Exhibits 10, 12, 15, 18 chronologically

Topic 3: Discovery of Defects
- Exhibits 20-35: Foundation photos (select best 5 to show)
  Priority: Ex. 20, 23, 28, 32, 35
- Exhibits 36-42: Roof photos (select best 3)
  Priority: Ex. 36, 39, 42

Topic 4: Attempts to Get Repairs
- Exhibit 16: Demand letter
- Exhibit 17: Contractor's refusal

Topic 5: Financial Impact
- Exhibit 4: What we paid
- Exhibit 75: Repair estimate
- Exhibit 78: Lost value appraisal

---

WITNESS 2: [CONTRACTOR NAME] (Defendant)

Cross-Examination Strategy:

Topic 1: Contract Obligations
- Exhibit 1: Contract (confront with specific warranty provisions)
- Exhibit 4: Invoice showing full payment received

Topic 2: Knowledge of Defects
- Exhibit 10: Homeowner's first complaint (he received it)
- Exhibit 11: His inadequate response
- Exhibit 12: Ignored multiple follow-up complaints

Topic 3: Departures from Contract
- Exhibit 6: Contract specs for materials
- Exhibit 50: Photo of inferior materials actually used

---

WITNESS 3: [OUR EXPERT NAME]

Direct Examination:

Topic 1: Qualification
- Exhibit 60: Expert's CV

Topic 2: Inspection and Findings
- Exhibit 61: Expert report
- Exhibits 20-48: Photos (expert will explain each defect)
- Exhibit 62: Building code sections violated

Topic 3: Causation and Repair Costs
- Exhibit 75: Repair cost estimate (expert prepared this)
- Exhibit 76: Methodology for estimating costs

---

IV. CHRONOLOGICAL EXHIBIT TIMELINE

March 15, 2023: Contract signed
- Exhibit 1: Contract

April 1, 2023: Work begins
- Exhibit 7: Start date acknowledgment

May 20, 2023: Change Order #1
- Exhibit 2: Change order

[Continue chronologically through all key dates...]

---

V. CROSS-REFERENCE MAP

Exhibit 1 (Contract) is referenced in:
- Exhibit 2 (Change Order #1 - references original contract)
- Exhibit 4 (Final invoice - references contract)
- Exhibit 10 (Complaint email - references warranty provisions)
- Exhibit 16 (Demand letter - cites contract breaches)
- Exhibit 61 (Expert report - compares work to contract specs)

Exhibit 20 (Foundation photo #1) is referenced in:
- Exhibit 61 (Expert report - discussed on page 4)
- Exhibit 75 (Repair estimate - foundation repairs)

[Continue for all cross-referenced exhibits...]

---

VI. FOUNDATION REQUIREMENTS

Exhibits 1-5 (Contract documents):
- Foundation: Homeowner testimony + business records exception
- Witness: Homeowner identifies and authenticates
- Objections: None anticipated

Exhibits 20-48 (Photographs):
- Foundation: Photographer testimony OR homeowner if she took them
- Witness: Verify accurate representation of what it shows
- Check EXIF data: Does it show date taken?
- Potential objection: Not accurate representation

Exhibit 61 (Expert report):
- Foundation: Expert testimony
- Pre-trial: Confirm expert report was timely disclosed
- Potential objection: Late disclosure (verify disclosure date)

---

VII. QUICK-REFERENCE GUIDE FOR TRIAL TEAM

BEST EXHIBITS TO SHOW JURY (highest impact):
1. Exhibit 1: Contract (what we agreed to)
2. Exhibit 20: Foundation crack photo (most dramatic)
3. Exhibit 39: Roof leak photo (water damage visible)
4. Exhibit 50: Side-by-side of spec'd vs. actual materials
5. Exhibit 75: Repair cost estimate ($127,000)

"SMOKING GUN" EXHIBITS:
- Exhibit 12: Email where contractor admits "corners were cut"
- Exhibit 50: Photo proving inferior materials used

EXHIBITS TO ENLARGE FOR JURY:
- Exhibits 20, 23, 28, 39, 42, 50 (key photos)
- Exhibit 1, page 4 (warranty provision)

EXHIBIT BINDERS:
- Judge's binder: All 87 exhibits, tabbed
- Jury binder: 25 key exhibits only
- Witness binders: Only exhibits each witness will use

TECHNOLOGY NEEDS:
- Load Exhibits 20-48 into presentation software for quick display
- Create video deposition clips synced with exhibits
- Have backup paper copies of all technology-displayed exhibits

EXHIBIT TRACKING DURING TRIAL:
□ Exhibit offered
□ Objection (if any)
□ Ruling
□ Admitted
□ Published to jury
□ Used with witness

Motion in Limine Strategy

When to Use: When preparing pre-trial motions to exclude or admit evidence.

Key Technique: Identify specific evidence to exclude, legal basis, and practical trial impact.

Example Prompt:

**INSTRUCTIONS**
You are a trial attorney developing motions in limine strategy. For each 
potential motion, provide:
- The specific evidence to be excluded
- Legal basis with case citations
- Practical impact on trial if granted
- Likelihood of success
- Strategic considerations

Be realistic about which motions are likely to succeed. Don't waste time 
on motions courts routinely deny.

**CONTEXT**
Medical malpractice trial. We represent plaintiff (patient). Trial is 
6 weeks away.

Background:
- Plaintiff underwent knee replacement surgery
- Claims surgeon damaged nerve causing permanent foot drop
- Defense: Nerve damage is a known risk; no negligence occurred

Evidence concerns we have:
1. Defense wants to introduce plaintiff's prior medical history including 
   mental health treatment for depression (irrelevant and prejudicial)
   
2. Defense retained expert who will testify surgery met standard of care 
   (we have questions about his qualifications - only did 5 knee surgeries 
   in last 5 years)
   
3. Defendant surgeon posted on social media about "frivolous lawsuits" 
   after this case was filed (we want to use; defense will try to exclude)
   
4. Plaintiff was previously convicted of misdemeanor shoplifting 10 years 
   ago (defense wants to impeach her with this; we want to exclude)
   
5. Hospital's internal incident report documenting the nerve damage 
   (defense claims attorney-client privilege; we want to use it)
   
6. Defense wants to argue plaintiff's damages are minimal because she can 
   use a wheelchair (we want to preclude this argument as improper)

**INPUT**
Identify and prioritize motions in limine we should file.

For each motion, provide:
1. Motion title and what we're seeking
2. Specific evidence to be excluded/admitted
3. Legal standard and governing law
4. Supporting arguments with case citations (if you know them; otherwise 
   note "research required")
5. Anticipated opposition arguments
6. Our response to opposition
7. Likely ruling (granted/denied/granted in part)
8. Strategic importance (high/medium/low)
9. Whether to brief this or handle at hearing

**OUTPUT**
MOTIONS IN LIMINE STRATEGY

RECOMMENDED MOTIONS (in priority order)

---

MOTION #1: Exclude Plaintiff's Mental Health History

SEEKING: Order precluding defendant from introducing evidence of plaintiff's 
treatment for depression.

SPECIFIC EVIDENCE TO EXCLUDE:
- Plaintiff's medical records from Dr. Smith (psychiatrist), 2020-2022
- Any testimony about plaintiff seeking mental health treatment
- Any references to depression, anxiety, or psychiatric medication

LEGAL STANDARD:
Federal Rule of Evidence 401-403 analysis:
- FRE 401: Evidence is relevant if it has tendency to make material fact 
  more/less probable
- FRE 403: Court may exclude relevant evidence if probative value is 
  substantially outweighed by danger of unfair prejudice

Medical privacy: [State] law limits disclosure of mental health records; 
strong public policy favoring confidentiality

ARGUMENTS IN SUPPORT:
1. Not Relevant (FRE 401)
   - Mental health history has no bearing on whether surgeon was negligent
   - Depression does not affect credibility about physical injury
   - No causal connection between mental health and physical injury

2. Unfair Prejudice Substantially Outweighs Any Probative Value (FRE 403)
   - Jury may improperly discount plaintiff's testimony due to mental 
     health stigma
   - Risk of jury speculation about mental health issues
   - Will confuse issues and waste time with collateral matter

3. Protected Health Information
   - [State] mental health privilege statute
   - Strong public policy protecting mental health treatment confidentiality

ANTICIPATED DEFENSE ARGUMENTS:
- "Goes to damages" - depression contributed to plaintiff's suffering, we 
  can't separate physical from mental
- "Goes to credibility" - mental health affects perception and testimony
- "Plaintiff opened the door" - claiming emotional distress damages

OUR RESPONSE:
- Damages for foot drop are objectively verifiable (medical records, 
  physical examination, functional limitations)
- No claim for emotional distress damages separate from physical injury
- Standard for relevance not met; any marginal relevance destroyed by 
  prejudice

CASE LAW TO RESEARCH:
- [Note: Research cases in this jurisdiction on admissibility of mental 
  health history in physical injury cases]
- Similar motions granted in: [research required]

LIKELY RULING: **GRANTED**
- Courts routinely exclude mental health history in physical injury cases 
  absent emotional distress claim
- Strong FRE 403 argument

STRATEGIC IMPORTANCE: **HIGH**
- Critical to prevent jury bias
- Plaintiff will testify; cannot have jury discounting her credibility

BRIEFING RECOMMENDATION: **Full written motion with brief**
- Important issue requiring detailed legal analysis
- Need to preserve for appeal if denied

---

MOTION #2: Exclude Reference to Plaintiff's Prior Criminal Conviction

SEEKING: Order precluding defendant from impeaching plaintiff with 
10-year-old misdemeanor shoplifting conviction.

SPECIFIC EVIDENCE TO EXCLUDE:
- Any mention of 2014 shoplifting conviction
- Any questions about criminal history
- Any suggestion plaintiff is dishonest or untrustworthy

LEGAL STANDARD:
Federal Rule of Evidence 609: Impeachment by evidence of criminal conviction

FRE 609(b): Conviction more than 10 years old is admissible only if:
(1) Probative value substantially outweighs prejudicial effect, AND
(2) Proponent gives adverse party reasonable written notice

FRE 609(a)(2): Crimes involving dishonesty automatically admissible IF 
within 10 years

Key question: When did conviction occur vs. when was sentence completed?
- If conviction date controls: More than 10 years, FRE 609(b) applies
- If release date controls: May be within 10 years

ARGUMENTS IN SUPPORT:
1. More Than 10 Years Old
   - Conviction date: 2014 (11 years ago)
   - Even if sentence completion date used, was 2015 (10 years ago)
   - FRE 609(b) presumption against admission

2. Probative Value Does Not Substantially Outweigh Prejudice
   - Remote in time - not probative of current credibility
   - Minor offense - not reflective of character
   - Plaintiff has lived law-abiding life for decade since
   - Prejudicial effect: Jury will view plaintiff as dishonest, criminal
   - Unfairly bolsters defense: "She's a thief, don't trust her"

3. Defendant Has Not Given Required Notice
   - FRE 609(b) requires reasonable written notice
   - Defendant has not provided written notice of intent to use conviction
   - Prejudice to plaintiff in preparing to address this

ANTICIPATED DEFENSE ARGUMENTS:
- "Crime of dishonesty" under FRE 609(a)(2) - automatically admissible
- Goes to credibility - theft shows dishonesty
- Not overly prejudicial in civil case

OUR RESPONSE:
- Even crimes of dishonesty must meet 609(b) requirements when remote
- 609(b) creates presumption against admission for old convictions
- Shoplifting over decade ago says nothing about credibility today
- In civil case, lower standard for unfair prejudice

CASE LAW TO RESEARCH:
- [Research: Circuit split on conviction date vs. release date for 
  10-year calculation]
- [Research: Cases in this jurisdiction on admitting remote shoplifting 
  convictions]

LIKELY RULING: **GRANTED**
- Strong argument under FRE 609(b)
- 10-year-old misdemeanor unlikely to be admitted
- Even if denied, court will likely give limiting instruction

STRATEGIC IMPORTANCE: **HIGH**
- Plaintiff must testify
- Cannot have jury thinking "she's a thief"
- May affect damages even if liability established

BRIEFING RECOMMENDATION: **Full written motion**
- Complex FRE 609 analysis
- Need to fully develop arguments

---

MOTION #3: Admit Defendant's Social Media Posts

SEEKING: Order permitting plaintiff to introduce defendant surgeon's 
social media posts about frivolous lawsuits.

[Continue with same detailed format...]

---

MOTION #4: Exclude Defense Expert [Name]

SEEKING: Order excluding defense expert on grounds of inadequate 
qualifications.

[Continue with same detailed format...]

---

MOTION #5: Admit Hospital Incident Report

SEEKING: Order compelling production of and admitting hospital's internal 
incident report.

[Continue with same detailed format...]

---

MOTION #6: Preclude "Wheelchair" Argument

SEEKING: Order precluding defense from arguing damages are minimal because 
plaintiff can use wheelchair.

[Continue with same detailed format...]

---

STRATEGIC PRIORITIES:

MUST FILE (high importance, likely to win):
1. Motion #1 (mental health)
2. Motion #2 (prior conviction)

SHOULD FILE (important issues):
3. Motion #4 (defense expert)
5. Motion #5 (incident report)

CONSIDER FILING (tactical advantages):
3. Motion #3 (social media)
6. Motion #6 (wheelchair argument)

TIMING:
- File Motions #1, #2, #4, #5 together: [DATE, 4 weeks before trial]
- Reserve Motion #3, #6 for hearing if strategic advantage emerges

HEARING STRATEGY:
- Lead with strongest motion (#1)
- Be prepared to address all motions in one hearing
- Have settlement leverage if we win key motions

Chapter Summary

This chapter provided comprehensive, ready-to-use prompt templates organized by legal task:

Discovery and Document Review: Deposition summaries, privilege logs, exhibit tagging, TAR training

Legal Research and Analysis: Multi-jurisdictional statutory comparison, case law synthesis, regulatory compliance analysis

Drafting and Client Communication: Discovery requests, demand letters, client updates, negotiation strategy

Trial Preparation and Strategy: Witness examination outlines, exhibit management systems, motions in limine

All examples follow the C.A.S.E. Framework and can be customized for your specific matters. Remember:

• Always verify AI-generated legal conclusions

• Redact confidential information before using public AI tools

• Treat all AI output as a first draft requiring attorney review

• Build your own library of successful prompts

In the next chapter, we'll address the critical ethical considerations that must guide all AI use in legal practice, including verification duties, confidentiality protection, and professional responsibility compliance.

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In Chapter 4, we'll explore the ethical guardrails and mandatory review protocols that ensure your AI use complies with the Rules of Professional Conduct.