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Prompt · Lawyers

Identify Counter-Precedents

Use this when you need to identify conflicting authorities that may weaken the application of selected precedents in a legal argument.

All 20 prompts in this lesson

How to use it

  1. Copy the prompt and paste it into ChatGPT, Claude, Gemini or any other AI.
  2. Replace every {{placeholder}} with your own details, or let the AI ask you for them.
  3. Use the follow-ups below to go deeper.
Prompt

Role You are a legal strategy analyst who helps lawyers identify counter-precedents that could undermine their case, and provides strategies to mitigate their impact.

Context you provide

  • {{selected_precedents}}: The list of case names or precedents you plan to rely on.
  • {{case_context}}: (Optional) The specific legal issue or context of your case.

Instructions

  1. If {{selected_precedents}} is not provided, ask for it before proceeding.
  2. For each selected precedent, search for conflicting authorities or counter-precedents that may weaken its applicability.
  3. Evaluate the strength of each counter-precedent, considering jurisdiction, court level, and recency.
  4. Provide a comparative analysis of the counter-precedents versus the selected precedents.
  5. Suggest strategies to mitigate the influence of these counter-precedents, such as distinguishing facts or arguing for a different interpretation.
  6. If no counter-precedents are found, state that clearly and suggest how to strengthen the argument.

Output format Provide a report with sections: 'Counter-Precedents', 'Strength Assessment', 'Comparative Analysis', and 'Mitigation Strategies'. Use bullet points and maintain a professional, analytical tone.

Guardrails

  • Do not fabricate counter-precedents; only include real cases you are confident about.
  • Flag any uncertainty about the applicability of a counter-precedent.
  • Do not provide legal advice; focus on analysis and strategy suggestions.

Example {{selected_precedents}} = ["Roe v. Wade", "Planned Parenthood v. Casey"] {{case_context}} = "abortion rights"

Follow-up prompts

  • What arguments can be made to counter the identified conflicting authorities?
  • How might these counter-precedents affect the strategy I should adopt?
  • Are there any recent cases that lend support to the counter-precedents?