Complete Guide to Shepard's Case Analysis

1. Introduction

Shepard's Case Analysis is OpusLaw's citation verification and case treatment tool—an essential safeguard that ensures every case you cite is still good law. Named after the traditional Shepard's Citations service, this AI-powered tool provides comprehensive analysis of how subsequent courts have treated any case, including whether it's been overruled, distinguished, questioned, or followed.

Beyond simple "good law" verification, Shepard's Case Analysis provides deep insights into citation patterns, identifying which specific holdings have been adopted or rejected by other courts, and highlighting cases that expand or limit the precedent you're relying on.

2. The Problem It Solves

Citing overruled or questioned authority is one of the most damaging errors a litigator can make. Shepard's Case Analysis prevents these critical mistakes:

• Overruled Cases: Nothing undermines credibility faster than citing a case that's been expressly overruled. Courts and opposing counsel will catch this immediately.
• Distinguished Holdings: A case may still be "good law" but its holding on the specific point you're citing may have been limited or distinguished by subsequent courts.
• Negative Treatment Patterns: Cases frequently questioned or criticized—even if not overruled—may be unreliable authority that invites attack.
• Jurisdictional Variations: A case may be good law in one jurisdiction but rejected or criticized in yours. Understanding treatment patterns matters.
• Time-Intensive Verification: Manually checking every citation in a brief against subsequent case law is extremely time-consuming. AI accelerates this dramatically.

3. How It Works

Shepard's Case Analysis performs comprehensive citation verification through multiple analysis layers:

4. Getting Started

Follow these steps to verify your first citation:

1. Enter Your Citation: Type or paste a case citation in standard format (e.g., "Miranda v. Arizona, 384 U.S. 436 (1966)") or just the case name.
2. Review the Treatment Summary: The initial summary shows overall treatment status—green for positive, yellow for caution, red for negative treatment.
3. Examine Negative Citations: If there's negative treatment, drill into the specific cases to understand what holdings were questioned or limited.
4. Check Jurisdiction Relevance: Filter citing cases by your jurisdiction to see how courts in your circuit/state have treated the authority.
5. Export or Note Key Findings: Document any concerns and alternative authorities that may strengthen your argument.

5. Best Practices

Maximize citation accuracy with these practices:

• Shepardize Before You Brief: Run every key case through Shepard's Analysis before building your argument around it. Don't invest hours on authority that's been undermined.
• Final Brief Check: Run a comprehensive check on all citations in your brief before filing. This catches cases that may have received negative treatment since you drafted.
• Understand Distinctions: "Distinguished" doesn't mean "bad law." Read the distinguishing case to understand whether the distinction applies to your facts.
• Look for Positive Citing Authority: Cases that have been frequently followed and cited positively are stronger authority. Shepard's helps you find these.
• Monitor Key Cases: For important matters, periodically re-check critical citations. Case law can change during litigation.
• Use with Legal Search: Combine Shepard's with Legal Search. Find cases first, then verify their treatment before relying on them.

6. Use Cases by Practice Area

7. Jurisdiction-Specific Guidance

Treatment varies by jurisdiction. Here's how to use Shepard's effectively across different courts:

• Federal Circuit Practice: Filter by circuit to see how courts in your circuit have treated the case. What's persuasive in the Ninth Circuit may be questioned in the Fifth.
• State Court Practice: For state law issues, focus on treatment by courts in your state's hierarchy. The state supreme court's treatment is most critical.
• Supreme Court Cases: U.S. Supreme Court cases have nationwide treatment patterns. Understand how different circuits have interpreted the holding.
• Cross-Jurisdictional Research: When citing persuasive authority from other jurisdictions, verify it's good law in its home jurisdiction and check if your jurisdiction has addressed the same issue.

8. ROI & Efficiency Metrics

Shepard's Case Analysis delivers value through risk prevention and efficiency:

• Malpractice Risk Reduction: Citing overruled authority is a common malpractice claim trigger. Systematic Shepardizing eliminates this risk.
• 80% Faster Than Manual Checking: Comprehensive citation verification that would take hours manually is completed in seconds.
• Credibility Protection: Courts and opposing counsel quickly identify counsel who cite bad law. Protecting your professional reputation is invaluable.
• Stronger Arguments: By identifying the most positively-treated authorities, your arguments are built on a stronger foundation.
• No Per-Search Fees: Unlike traditional Shepard's services with per-citation charges, OpusLaw's flat-rate model allows unlimited verification.

9. Integration & Comparison

Shepard's Case Analysis works within the Practice Hub ecosystem:

• Legal Search Integration: After finding cases with Legal Search, verify them immediately with Shepard's Analysis without leaving the workflow.
• Brief Builder Verification: After generating a brief with Brief Builder, run all cited cases through Shepard's before finalizing.
• Carta Agent Automation: Ask Carta Agent to "research and verify" and it will automatically Legal Search then Shepardize all authorities.
• vs. Lexis Shepard's: OpusLaw provides comprehensive treatment analysis without per-citation fees or complex subscription tiers.
• vs. Westlaw KeyCite: Similar comprehensive analysis with AI-enhanced treatment categorization and natural language querying.

10. FAQ