Legal AI can speed up research, identify useful decisions and summarise the main arguments. But every source must always be checked by a legal professional.
For a Swiss lawyer, two points are essential: protecting client data and being able to trace every decision cited back to a reliable source. The aim is therefore not to let AI decide, but to use it as a research and analysis tool.
Why Swiss case law research is complex
Finding a relevant decision is not just a matter of searching for a few keywords. You need to understand the facts, the legal question and the scope of each judgment.
Research is also complicated by the number of decisions available. The Federal Supreme Court has published a large share of its judgments since 2000 and, as a rule, all of its final judgments since 2007.
On top of this comes linguistic diversity. Decisions may be written in French, German or Italian. Two judgments on the same question may therefore use different terms.
Finally, you need to check that the decision you have found is still relevant: it may have been called into question, superseded by more recent case law or concern a different situation.
Start from the facts rather than simple keywords
AI makes it possible to search in natural language. Users can describe a situation directly, for example “wrongful termination of a contract” or “liability in a road traffic accident”.
The tool then identifies the legal concepts linked to the problem and searches for similar decisions. This semantic search makes it possible to work from the meaning of the case, not just from specific words.
In complex matters, AI can also:
- identify the key passages in judgments;
- group decisions that follow similar reasoning;
- summarise several decisions;
- bring out the key arguments and exceptions.
The lawyer thus saves time when preparing the file. The final analysis nevertheless remains their responsibility.
Our article on AI-assisted legal analysis presents this method in more detail.
RAG: linking AI answers to real sources
An AI model used on its own can invent a reference or misrepresent a decision. In the legal field, this risk is particularly significant.
RAG, or “retrieval-augmented generation”, helps reduce this problem. Before answering, the tool searches for relevant documents in a reliable legal database.
The answer is then built from these sources. The legal professional can therefore consult the original decision and check whether the AI’s analysis is correct.
RAG does not eliminate all errors. The tool may still choose an unsuitable source or summarise it poorly. Its main advantage is that it makes sources visible and verifiable.
Check the court and the scope of each decision
Not all decisions carry the same weight. Research must therefore clearly distinguish between:
- judgments of the Federal Supreme Court;
- decisions of cantonal courts;
- decisions of administrative courts;
- decisions of specialised bodies.
A distinction must also be drawn between judgments published in the Federal Supreme Court’s official reports (BGE/ATF/DTF) and other decisions available online.
Under Article 1 paragraph 3 of the Swiss Civil Code, the court is guided by established doctrine and case law. Decisions of the Federal Supreme Court, especially its leading decisions, therefore carry particular weight in practice.
A legal AI must help professionals identify the level of a decision and its importance, without mixing sources of different weight.
AI helps structure the legal analysis
AI can also organise the information in a file. It can separate the facts, the legal questions and the relevant decisions to make the analysis clearer.
By comparing several judgments, it can bring out the most frequent lines of reasoning, the exceptions and any contrary decisions.
The lawyer can thus spend less time sorting documents and more time on strategy, advice and drafting.
But the tool does not replace the lawyer’s judgement. Every conclusion must be checked against the original sources.
The lawyer’s obligations remain the same
Using AI does not change a lawyer’s professional responsibilities.
Article 12 letter a of the Lawyers Act (LLCA) requires lawyers to practise their profession carefully and diligently. They must therefore understand and check the analyses they use.
Professional secrecy also remains essential. It is protected in particular by Article 321 of the Swiss Criminal Code and by Article 13 LLCA.
Before passing information to an AI tool, the lawyer must therefore make sure that client data is sufficiently protected.
Protecting the firm’s data
The Swiss Federal Act on Data Protection (FADP) does not require all data to be hosted in Switzerland. It does, however, lay down rules for transferring data abroad, notably in Article 16 FADP.
Before choosing an AI solution, the firm must therefore check:
- where the data is stored;
- who can access it;
- whether files are used to train AI models;
- whether data is sent to external services;
- what security measures are in place.
Silex states that it hosts its data with Infomaniak in Switzerland and does not use client files to train its models.
The security safeguards are detailed on a dedicated page. The rules relating to the GDPR, the FADP and artificial intelligence are also presented in our article AI and data protection.
Integrating AI into the firm’s daily work
The aim is not to replace the tools the firm already uses, but to integrate AI into existing processes.
The lawyer can thus move from case law research to analysing a document or comparing clauses without switching between multiple applications.
The partnership between Silex and MCR Solutions and the integration of Silex into WinLex and SkyLex illustrate this approach.
The benefits for a law firm
AI can reduce the time spent reading and sorting large numbers of decisions.
In particular, it makes it possible to:
- identify relevant decisions more quickly;
- compare different lines of case law;
- identify contrary decisions;
- prepare a summary more quickly;
- present the issues more clearly to the client.
The time saved can be devoted to legal analysis, case strategy and advice.
The client’s perspective is presented in our guide on legal AI for individuals.
Why use an AI designed for Swiss law
A general-purpose assistant is not specifically designed for Swiss legal practice. It can produce answers that seem correct while relying on unsuitable references or on reasoning drawn from other legal systems.
Silex is designed for Swiss legal professionals. The tool works from legal sources and lets users check the references used.
With Silo, professionals can also analyse their own documents in a dedicated space and find the original document used for an answer.
To compare different types of solutions, read our guide on how to choose a legal AI assistant.
Analysing case law with Silex
With Silex, users can ask a legal question in natural language. The tool then searches for the relevant sources and prepares a summary.
It can also:
- summarise complex judgments;
- compare decisions;
- compare clauses;
- bring out trends in case law.
The legal professional always stays in control: they consult the sources cited and validate the final analysis themselves.
The features of Silex are presented on the product page and the subscription plans on the pricing page.
Silex also offers solutions tailored to several professions, including lawyers, notaries, fiduciaries, in-house counsel, banks and insurers.
Bordier & Cie uses Silex for its legal research. The partnership between Silex and EXPERTsuisse also concerns audit, tax and fiduciary professionals.
Five checks before using AI for case law
Before using an AI tool on a matter, it is worth checking five points:
- Source: every decision cited must be traceable to a reliable legal source.
- Timeliness: check that the case law is still valid and relevant.
- Confidentiality: client data must remain protected.
- Scope: you need to know which courts and which sources are included in the search.
- Human validation: a legal professional must always review the results and confirm the final reasoning.
In short
AI can speed up Swiss case law research and make it easier to analyse large numbers of decisions.
It nevertheless remains an assistance tool. The quality of the work always depends on checking sources, protecting data and the professional’s judgement.
To see how Silex handles a case law question, you can book a demo.
FAQ
Can AI replace the lawyer in legal research?
No. It can speed up research and help organise information, but the lawyer remains responsible for the analysis and the final decision.
Is Silex data stored in Switzerland?
Yes. According to the information provided by Silex, data is hosted in Switzerland by Infomaniak.
