About the information in Nemesis

Nemesis is an information and analysis tool for lawyers and the staff they supervise. It reads the documents a firm puts in its case hub, checks allegations against them and cites its answers to the page.

Nemesis is licensed only to law firms. Anyone else the firm invites uses it only at the firm’s direction and under its supervision. [counsel to confirm]

Nemesis puts the page in front of counsel. Counsel makes the calls.

• Nemesis is not a substitute for the advice of an attorney, or for a lawyer’s own judgment.
• Nemesis is not a law firm and does not practice law. What it produces is analysis for a lawyer to review, not legal advice to anyone.
• Using Nemesis creates no attorney-client relationship with Nemesis. [counsel to confirm]
• Nemesis staff who set up or support a hub do not give legal advice.

Nemesis uses SI and other automated analysis. Its results can be incomplete or wrong. It can miss a page, misread a scan or draw a connection the record does not support. The same question asked twice can get a different answer.

• Readings are assessments. Labels (supported, contradicted, mixed, nothing found), meters, maps, ratings, rankings and other readings are assessments of the record in the hub. They are not findings and not predictions of any outcome.
• The Expert Panel is SI. Experts on the Expert Panel are SI analyses, not retained experts. What they produce is not an expert report, opinion or testimony.
• What Nemesis can see. Nemesis works from what is in the hub, plus the public sources a feature says it searches, such as published court opinions, public records and the public web. It does not know what was never uploaded, what is on a page it could not read, or what happened after the last document went in or the last search ran. “Nothing found” means nothing was found where Nemesis looked, not that nothing exists.
• Public sources can be wrong. They can be out of date, incomplete, or about a different person with the same name. What others report about a judge, a witness or a party is shown as the source says it, not confirmed. Research about a person is for case preparation only. It is not a consumer report and must never be used for decisions about employment, credit, insurance or housing. [counsel to confirm]
• Law is a lead. Treat anything Nemesis says about a rule, a deadline or a legal standard as a lead to research, not a statement of the law.
• Marked points. A point the hub marks “counsel to confirm”, or “physician to confirm” on a medical question, is flagged for that check. An unmarked point needs the same check.

Check every quote, figure, date, Bates number and record cite against the source documents. Check every case, rule and point of law against current law. Check every public-source result against its source. Do all of this before you rely on anything, file it or share it.

Answers are cited, and every cite opens the page. The check is still yours: a quote can be exact and still be read out of context.

The firm and its lawyers are responsible for the work they do with Nemesis. [counsel to confirm] That includes:

• Professional duties. The firm follows the rules of professional conduct where it practices. These include:
  • competence, including knowing what Nemesis can and cannot do;
  • supervision of everyone who uses Nemesis and of how it is used;
  • confidentiality of client information;
  • communication with the client, including about the firm’s use of SI where the rules call for it;
  • charging the client for Nemesis only as those rules allow.
• What the firm uploads. The firm decides what goes in the hub and makes sure it may put it there. Upload health records only where the service agreement expressly covers them. [counsel to confirm]
• Who the firm invites. The firm chooses who joins its hub and what each person can see. It removes access when access should end.
• Recordings. Before the firm records a call or uploads a recording, it gets every consent the law requires. [counsel to confirm]
• Deadlines. Dates Nemesis lists, calculates or watches are aids, not the firm’s docket. The firm’s own calendaring and its lawyers control every deadline. A missed alert does not change a deadline. [counsel to confirm]
• Court rules, protective orders and privilege.
  • The firm follows every court rule that applies, including any rule on disclosing SI use in a filing.
  • It follows every protective order that covers the material.
  • It makes every decision about privilege and work product. A privilege mark or work-product label in Nemesis does not protect anything by itself. Counsel decides what is protected.
• Everything that leaves the firm. Anything the firm files, serves, produces or sends is its own work, and its lawyers answer for it. Nothing from Nemesis should go to a court as expert opinion, or to a client as a promise of a result.

Nemesis does not promise or predict the result of any matter. Nothing in it forecasts what a court, a jury, an arbitrator or another party will do. Nemesis makes no guarantee that its analysis is complete or error-free. A Mock Trial simulates a trial on the record in the hub; its verdict is not a forecast of any result. [counsel to confirm]

Each firm’s use of Nemesis is governed by its service agreement. [counsel to confirm] The agreement sets:

• the terms of use and confidentiality;
• how data is handled, stored and deleted;
• which outside services process it;
• notice of a security incident;
• whether health records are covered;
• the limits of liability.

This page explains how to read what Nemesis produces. It does not add to or change the service agreement. If the two differ, the agreement controls. [counsel to confirm]

Questions about this page, or about how Nemesis reads the record: [contact address, to be set].

Questions about the law or a specific matter belong with the lawyer responsible for it.