Last updated: October 2026 · Reading time: about 13 minutes
What this guide covers
- Three jobs sold under one name
- Post-deposition summaries: what works
- Live second chair: what actually works in the room
- Pre-deposition strategy: the least commoditised tier
- Pricing compared — and why the categories don't compare
- The page-line test
- Where AI is most confident is where you must check hardest
- Ethics: what 2026 actually settled
- What to ask before you buy
- FAQ
Three jobs sold under one name
Deposition work has three distinct phases, and AI does something different — with different reliability and a different price — in each one.
| Job | What AI does | When it runs | Typical price band |
|---|---|---|---|
| Post-deposition summary | Condenses a transcript into narrative, issue-based or page-line format, with citations and flagged inconsistencies | After the deposition | Lowest — $19–$25 per case at the entry end |
| Live second chair | Transcribes in real time, cross-references answers against the case file, flags conflicts, tracks your stated goals for the deposition | During the deposition | Bundled — usually inside a case management or deposition platform |
| Pre-deposition strategy | Builds witness profiles, question funnels, exhibit sequences and impeachment hooks from the whole case file | Before the deposition | Highest — $100–$225 per user per month, or flat per-attorney plans |
The categories are frequently conflated in vendor marketing, and the conflation is expensive in both directions. A firm that buys a $19-per-case summariser expecting deposition preparation has bought a product that tells it what a witness said, not what to ask next. A firm that buys a $225-per-user platform expecting it to summarise hundreds of transcripts is paying for strategy tooling it may not need.
Post-deposition summaries: what works
This is the most mature category, the cheapest, and the one most firms actually mean when they say they are "using AI for depositions."
What works well: turning a 300-page transcript into a structured readout organised by issue or chronology, with key admissions surfaced and every point traceable to a page and line. Supio, for example, generates narrative summaries with page-line and timestamp citations back to the transcript and the audio, so a reviewer can check a quote against the recording rather than only the text. Lexitas's Deposition Insights+ adds cross-deposition analysis and contradiction flagging with linked page-and-line citations.
What works less well: nuance. A summary is a compression, and compression loses the surrounding exchange. Lexitas makes the point directly — different answers may reflect different questions, timeframes or qualifications rather than a meaningful contradiction, and counsel still needs to read the surrounding passage. A tool that flags a contradiction has told you where to look, not what you have found.
Entry pricing in this tier is genuinely low. MedLegal AI publishes free for three analyses, then $19 per case or $49–$499 per month [reference:3]. Dodonai publishes $25, $50 and $83 monthly tiers priced per page. CaseMark runs $25 per summary run [reference:5]. Clearbrief is $300 per month for a solo user. Rev charges $29.99 per seat per month for transcription with timestamps and speaker labels.
Live second chair: what actually works in the room
This is the category with the largest gap between capability and current deployment — and the one most likely to raise an ethics question you should answer before you use it.
Filevine's Depo CoPilot is the most fully integrated version. It transcribes in real time, lets counsel set goals for the proceeding and tracks them live, cross-references testimony against documents in the Filevine project, and surfaces follow-up suggestions as the deposition unfolds [reference:8][reference:9]. Filevine does not publish a separate price for it — it sits inside the Depositions package, which moved to subscription-based pricing from 1 January 2026.
InFactIQ Live launched in October 2026 as a standalone "AI second chair" for in-person and remote depositions and EUOs, joining the court reporter's realtime feed and cross-referencing each answer against the case file to flag conflicts as they occur. Second Chair AI markets a "Depo Defense Mode" aimed at the defending side, delivering real-time analysis during a live deposition
Two honest cautions.
First, the deployment gap is real. A 2026 report on real-time AI in litigation found that the question is not whether AI can serve as a live second chair, but whether firms are actually using it that way — and the capability gap between what the tools can do and what firms have integrated into their deposition practice is substantial. Buying the tool is not the same as changing how you take a deposition.
Second, the covert-coaching question. Forbes reported in April 2026 that real-time AI coaching during depositions is already happening — a junior associate fed questions, follow-ups, objections and citations in real time. Whether that is permissible depends on your jurisdiction's rules and on whether disclosure is required. It is a question worth answering before the deposition, not after opposing counsel asks what is on your second screen.
Pre-deposition strategy: the least commoditised tier
This is the work that takes days, and the tier where AI adds the most value per hour saved — and it is the one most often missing from "AI deposition prep" comparisons.
The job is synthesis: reading the pleadings, the records, the prior testimony and the expert reports, and turning them into a witness profile, a question funnel, an exhibit sequence and a set of impeachment hooks. Manually, that is days of associate and paralegal time; Clio describes the process as lawyers spending "days or weeks" assembling a prep-ready picture.
What the tools do here:
- CaseMark analyses the whole case file to generate a deposition strategy including witness profiles and chronologies, with plans from around $20 per month [reference:17].
- CoCounsel produces topic outlines and proposed question sets grounded in Westlaw and your own documents. Thomson Reuters prices CoCounsel inside its Westlaw Advantage packages rather than as a standalone add-on at a published rate, so the cost depends on which Westlaw tier you are on and is quote-based.
- TrialBase builds goal-directed outlines — for example "150 questions focused on causation" — rather than a generic set .
- Briefpoint covers discovery drafting at $150 per attorney per month billed annually, no per-case fees.
- General-purpose tools are also in real use here. Erica Slater of Gunn Slater, in a case that produced an eight-figure verdict, described using Claude Pro to generate deposition questions and to review testimony and pleadings across a multi-year case file. The North Carolina Lawyers Weekly reporting on PI firms names EvenUp, Capture Now, ChatGPT, Claude and Westlaw as the tools actually in use.
The general-purpose tools deserve a specific note, because they are the cheapest option and the most common. A litigator can prompt ChatGPT or Claude to build a question funnel from broad to narrow, propose an exhibit sequence, and draft impeachment questions tied to prior testimony — provided the source documents are uploaded and the output is verified [reference:24]. What they do not provide is a defensible record of which source supported which question, or any of the access controls a purpose-built legal tool carries.
Pricing compared — and why the categories don't compare
Here is the tier comparison, with the caveat that applies across this whole category: most vendors in the live and strategy tiers do not publish prices, so several figures below are third-party estimates rather than quotes.
| Tool | Job | Pricing | Published? |
|---|---|---|---|
| MedLegal AI | Summary | Free (3 analyses), $19/case, $49–$499/mo | Yes |
| Dodonai | Summary | $25 / $50 / $83 per month, per page | Yes |
| CaseMark | Summary + prep | From ~$20/mo (Standard), $100/user/mo (Pro incl. $80 AI credits); summaries $25/run | Partly |
| Rev | Transcription | $29.99/seat/mo | Yes |
| Clearbrief | Summary + cross-exam outline | $300/mo per user (solo) | Yes |
| Briefpoint | Discovery drafting | $150/attorney/mo, $1,800/yr, no per-case fees | Yes |
| CoCounsel | Research + prep | Not published; bundled with Westlaw Advantage tiers — quote-based | No |
| Supio | Summary + case analysis | Quote-only; priced on case volume, no published rate card | No |
| Filevine Depo CoPilot | Live second chair | Not published; inside the Depositions package, subscription-based from Jan 2026 | No |
| Lexitas Deposition Insights+ | Summary + cross-depo analysis | Quote-based; third-party estimates put Lexitas around $250 average per case | No |
Two things follow from that table.
The spread between the cheapest summary and the most expensive strategy platform is roughly ten to one on a per-matter basis, and they do different jobs. Comparing a $19-per-case summariser to a $225-per-user strategy platform is not a comparison — it is a category error, in the same way that comparing a hosting rate to an all-in e-discovery rate is a category error. We covered that version of the problem in our guide to AI e-discovery for small law firms.
The cost is trivial against the labour it replaces. Briefpoint publishes a comparison of a day of associate drafting at roughly $580 against $4.93 for the same day on its platform. That framing is vendor marketing, but the underlying arithmetic is not wrong: the expensive part of deposition prep was never the software.
The page-line test
If you take one thing from this post, take this. It is the test that separates tools you can use in a deposition from tools you cannot.
Ask the vendor to show you a summary sentence with its page-and-line citation, then click through to that line in the transcript. Then check whether the quoted passage actually says what the summary claims.
Every tool in this category claims citations. The differences that matter:
| Citation quality | What it means | Usable for deposition work? |
|---|---|---|
| No citation | The summary is a narrative with no route back to the source | No — unverifiable, and indefensible if challenged |
| Page reference only | "This comes from page 47" — but not which line | No — a page is 25 lines; you cannot check a quote against it efficiently |
| Page and line | The specific line is identified | Yes — this is the minimum standard for deposition work |
| Page, line and audio timestamp | The citation resolves to both the transcript and the recording | Yes — best practice. Lets you check tone and context, not just words |
| Page, line and cross-document link | The citation also connects to the exhibit or record it references | Yes — strongest. Supports impeachment and motion work from the same output |
The audio-timestamp tier matters more than it sounds. A transcript records words; a recording records how they were said. If you are preparing to impeach a witness on a prior inconsistent statement, the difference between "he said it" and "he said it like this" is often the difference between a usable impeachment and one that falls flat. Supio's citations resolve to both transcript and audio.
For the same reason, Lexitas warns against treating a flagged contradiction as a finding: answers can differ because the questions differed, or because the witness qualified a statement later. The citation is what lets you check whether the contradiction is real — and the check is the work.
Where AI is most confident is where you must check hardest
This is the part that decides whether AI deposition prep helps your firm or hurts it.
AI output in this category is fluent. A summary reads like a summary a competent paralegal would write. A live transcription reads like a transcript. A question outline reads like an outline. The fluency is the risk, because fluent output is harder to spot-check than obviously broken output.
2026 produced the enforcement examples that make this concrete:
- February 2026: a court sanctioned counsel over fabricated deposition quotes — AI-generated statements attributed to witnesses that appeared authentic.
- July 2026: the USPTO issued its first discipline order for reckless AI use, after a practitioner's claim construction chart was found to contain hallucinated citations.
- The ABA has documented the broader pattern: generative tools fabricating legal citations and witness statements that appear authentic, with sanctions following where verification was skipped.
Note what those examples have in common: they are not failures of the tools' capability. They are failures of verification on output that looked correct. The fabricated deposition quotes were plausible — that is why they survived until a court found them.
The Clifford Chance-style caution applies here in a specific form: the risk is not that the tool is wrong, it is that the tool is almost right. A summary that misattributes one admission to the wrong witness, or compresses a qualified answer into an unqualified one, produces a document that supports a line of questioning the record does not actually sustain.
Ethics: what 2026 actually settled
The ethical framework is not ambiguous any more, which makes non-compliance harder to excuse.
ABA Formal Opinion 512 sets out the duties that apply to generative AI in practice: competence, confidentiality, communication, supervision, candor to tribunals, and reasonable fees . For deposition work, three of those bite hardest:
- Competence requires a reasonable understanding of the tool's capabilities and risks — which, for a summariser, means knowing what it compresses and what it loses.
- Supervision means the attorney is responsible for AI output the way they are responsible for a non-lawyer assistant's work. A summary nobody read is not supervised output.
- Candor is where Rule 11 of the Federal Rules of Civil Procedure applies directly: the lawyer remains responsible for filings and must ensure accuracy . A deposition quote carried into a brief or a motion is a filing.
The judicial signal has moved in the same direction. The ABA's December 2025 Year 2 Report found five sitting judges publishing guidance that explicitly endorsed AI for core litigation tasks — including summarising depositions, generating case timelines and verifying citation accuracy [reference:33]. That is a meaningful shift: AI-assisted deposition summarisation is now something courts have endorsed, not something to be concealed.
Confidentiality is the duty most often breached by accident. The ABA's guidance is explicit about avoiding exposure of confidential client information in systems without adequate security or clear data-use terms . In practice that means: a BAA if medical records are involved, written confirmation that the vendor does not train on client data, and a subprocessor list. Our Legal AI Vendor Compliance Checklist covers the full set.
What to ask before you buy
- Which of the three jobs does this price cover? Summary, live second chair, or pre-deposition strategy. Get an explicit answer; "all three" needs unpacking.
- Show me a citation and let me click it. During the demo. If the source page does not open at the right line, the citation is decorative.
- Does the citation resolve to audio as well as text? This matters for impeachment work.
- What happens when the tool gets something wrong? Is there a correction route, an audit trail, and a named person at the vendor who owns accuracy?
- Does it train on our data, and is that the default? In writing, not verbally.
- Is there a BAA, and are subprocessors covered? Mandatory if medical records are in the case file — which, in personal injury, they always are.
- What is the exit? Export format, retention period, deletion of backups, and who pays for the return.
- If it is a live tool, what is the supervision arrangement? Who is watching the output during the deposition, and what is the record if a suggestion is wrong?
For the full vendor due-diligence list, use the Legal AI Vendor Compliance Checklist. For the adjacent question of how AI summaries should be verified in medical records specifically, see our guide to AI medical record summaries: accuracy and traceability.
Frequently asked questions
What is AI deposition prep?
It is an umbrella term for three different products: post-deposition transcript summarisation, live in-deposition support (an "AI second chair"), and pre-deposition strategy tools that build witness profiles, question outlines and exhibit sequences from the case file. They have different capabilities and very different prices.
How much does AI deposition software cost in 2026?
Summary tools start low and publish prices: MedLegal AI at $19 per case, Dodonai at $25–$83 per month, CaseMark at $25 per summary run. Strategy platforms run higher: Briefpoint at $150 per attorney per month. CoCounsel is bundled into Westlaw Advantage and priced according to which tier you are on, so it is quote-based rather than published. Live second-chair tools like Filevine Depo CoPilot and Supio are also quote-only — Supio prices on case volume and does not publish a rate card.
Are AI deposition summaries accurate enough to rely on?
They are accurate enough to use as a first pass, not as a final product. The output must carry page-and-line citations that resolve to the actual transcript, and an attorney must check the passages that will be relied on in strategy, motions or cross-examination. Courts sanctioned counsel in 2026 over fabricated deposition quotes, which is the failure mode to design against.
What is an "AI second chair"?
A tool that transcribes a deposition in real time, cross-references answers against the case file, tracks your stated goals for the proceeding, and surfaces follow-up questions or inconsistencies as they occur. Filevine's Depo CoPilot and InFactIQ Live are examples. Deployment is still uneven — the capability exists well ahead of how most firms actually use it.
What is the page-line test?
Ask the vendor to show a summary sentence with its page-and-line citation, then click through to that line in the transcript and confirm the passage says what the summary claims. It is the single fastest way to separate a tool you can use in a deposition from one you cannot. A page-only reference fails the test — 25 lines is too many to check efficiently.
Does ABA Formal Opinion 512 apply to deposition prep?
Yes. It sets out duties of competence, confidentiality, communication, supervision, candor and reasonable fees that apply to generative AI across practice, including deposition preparation. Rule 11 of the Federal Rules of Civil Procedure separately makes the lawyer responsible for the accuracy of anything filed.
Can I just use ChatGPT or Claude for deposition prep?
Litigators do, and the reported results are real — the North Carolina Lawyers Weekly coverage of PI firms names ChatGPT and Claude among tools in active use for generating deposition questions and reviewing testimony. What general-purpose tools lack is a defensible record of which source supported which question, and the access controls a purpose-built legal tool carries. If medical records are in the file, that distinction is not optional.
Is live AI coaching during a deposition ethical?
It depends on your jurisdiction's rules and on whether disclosure is required. Real-time coaching is already happening in practice. The questions worth answering before the deposition are: who is supervising the tool's output, and what is the record if a suggestion is wrong. ABA Opinion 512's supervision duty applies to AI acting in the room.
Sources
- Supio — Deposition Analysis product documentation (page-line and audio citations); pricing is quote-based and not published
- Lexitas — AI Deposition Summaries: What Legal Teams Should Know (Feb 2026); How AI Is Changing Trial Prep (Oct 2026)
- Filevine — Depo CoPilot product page; Depositions: Subscription-Based Pricing (Aug 2026)
- Clio — Deposition Prep in the Age of AI (Mar 2026)
- North Carolina Lawyers Weekly — How large language models are leveling the personal injury playing field (Jul 2026)
- Awesome Agents — Best AI Tools for Lawyers in 2026 (pricing verified)
- MedicalAI.law — Best Deposition Summary Software 2026: 7 Tools Compared
- G2 — Best AI Legal Assistant Tools 2026
- Lexology / Taft Law — Beyond the Prompt: The AI Sandwich and Other Practice Tips (Oct 2026)
- Lexology — Hallucinating the Facts: Court Sanctions Counsel for Fabricated Deposition Quotes (Feb 2026)
- ABA — Understanding the Risks of Generative AI Discovery Review Results (Apr 2026); Use of AI in Appellate Practice (Sep 2026)
- The Legal Stack — Legal AI 'Second Chair' Deployment Report 2026
- Forbes — Covert Real-Time Coaching Has Hit The Courtroom (Apr 2026)
Related reading on Dedon Tech: AI medical record summaries: accuracy and traceability · AI e-discovery for small US law firms · Clio vs Filevine vs Litify · Legal AI Vendor Compliance Checklist · full site map

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