Aug 20, 2026 |

A polished draft is not a legal argument

Emily Colbert  Head, CoCounsel Litigation, Thomson Reuters

A brief carries a lawyer’s name, and that changes the standard for what AI needs to do. Speed matters, particularly when litigators are working against demanding deadlines, but a brief is not simply a collection of well-written paragraphs. It reflects decisions about which facts matter, which arguments are worth advancing, which authorities best support them, and ultimately which position a lawyer is prepared to put before a court.

That is the distinction we had in mind when building Westlaw Brief Builder, a new agentic capability in CoCounsel Legal designed specifically for litigation brief writing. As part of the enhanced CoCounsel Legal experience announced this week, Westlaw Brief Builder transforms research and drafting with AI agents that use Westlaw and Practical Law iteratively with the litigator to produce stronger briefs. AI agents conduct extensive research on the facts, arguments, and authority using Westlaw, Practical Law, and material from the case identified by the litigator. With each iteration, the litigator benefits from that research while remaining in control of the arguments, language, and overall structure of the brief.

Generating polished legal prose is becoming the easy part. AI can produce something that looks like a sophisticated brief in seconds. But the appearance of legal reasoning is not the same as legal reasoning, and in litigation, confusing the two can be dangerous. A brief has to do more than sound persuasive. Its arguments need to be grounded in the record, supported by authoritative law, tested against contrary authority, and strong enough for lawyers to put their names behind.

That is where the real opportunity for AI lies. Not in producing more text, but in helping lawyers do the substantive work required to build defensible arguments more efficiently, while preserving the strategy, judgment, and scrutiny that litigation demands.

The harder question is whether that brief is actually good. That goes far beyond checking whether the cited cases are real. If a lawyer has to reconstruct the research and reasoning behind an AI-generated draft before deciding whether to trust it, much of the promised efficiency disappears.

That is why we built Westlaw Brief Builder to work iteratively with the litigator rather than simply generate a finished document. Its AI agents conduct research at each stage using Westlaw, Practical Law, and matter materials identified by the litigator. The lawyer reviews the arguments, facts, and legal authority surfaced by the system, decides what belongs in the brief, and shapes the work as it develops. The result is not a brief handed to the lawyer for inspection at the end. It is a brief the lawyer has actively built with AI agents throughout the process.

Brief writing starts long before the first draft

Strong briefs are built through a series of interconnected decisions. Litigators need to understand the record, identify the issues that matter, determine which arguments are worth pursuing, research the applicable law, and continually reassess those choices as new facts or authority emerge.

Westlaw Brief Builder is designed around that reality. Its structured, multi-step workflow takes the litigator through intake, argument identification, supporting legal research, argument development, and drafting. At key points, the lawyer reviews what the system has surfaced and makes the strategic decisions about what comes next.

For example, Westlaw Brief Builder can propose potential arguments based on the matter and its initial research, but the lawyer decides which ones to pursue. From there, AI agents can investigate the relevant authority and supporting facts, while the lawyer can add information, refine the reasoning, and determine what ultimately belongs in the brief.

That iterative process becomes particularly important when research begins shaping the argument itself.

Research and drafting should work together

The quality of a legal argument depends on what sits behind it. That is why Westlaw Brief Builder integrates Westlaw Deep Research into the drafting workflow and draws on authoritative Westlaw and Practical Law content.

Once a lawyer determines which arguments to develop, the system can research relevant authority based on those arguments, the facts of the matter, and the applicable jurisdiction. The lawyer can review the authorities surfaced through that research, understand how they support an argument, and decide what should be incorporated into the brief.

Bringing those steps together means research can inform the argument as it develops rather than becoming a separate task before or after drafting. For litigators, that is a more natural reflection of how the work actually happens: research changes arguments, facts change research, and the two evolve together until the lawyer is prepared to stand behind the result.

The bar for AI-assisted drafting should be higher than speed

We are going to see continued innovation around AI-assisted legal drafting, and that is a positive development for the profession. Brief writing is demanding and time-intensive work, and there is enormous potential for technology to help lawyers complete it more efficiently.

But as the market evolves, we should be precise about what meaningful progress looks like. The goal is not autonomous brief generation or removing lawyers from legal reasoning. It is helping lawyers spend less time on unnecessary process while giving them better support for the substantive work that requires their expertise.

That principle is central to how we think about Fiduciary-Grade AI™ at Thomson Reuters. In high-stakes professional work, the goal cannot simply be an impressive output. Professionals need authoritative information, transparency into the work supporting the result, and the ability to exercise their own judgment before standing behind it.

Westlaw Brief Builder is one part of the broader CoCounsel Legal experience we are building around that idea. The enhanced CoCounsel Legal brings together research, drafting, firm knowledge, and matter-centric workflows within a single AI-powered environment, helping professionals move from a legal question toward defensible work product without treating each stage of work as a disconnected interaction.

Westlaw Brief Builder takes that approach deeper into one of litigation’s most consequential workflows. It is designed to help lawyers develop arguments, find and evaluate relevant authority, create a stronger draft, and shape the work as it develops, while preserving the professional judgment that makes a brief more than simply AI-generated text.

AI can make drafting faster. The standard we should be aiming for is whether it helps lawyers produce better, more defensible work they are prepared to stand behind.

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