Advantage AI: The Litigation Game Is Changing

How can we better use AI tools in the world of disputes? With automation on the rise across the legal profession, it is easy to forget how impactful AI could be on the disputes sector. Eimear McCann explores the true value of engaging AI tools in litigation, in a guest post for Legal Futures. The article highlights several key thematic progressions:

1. The Cultural Shift: From Resistance to Acceptance

Litigation was once a laggard in legal tech adoption but is now undergoing rapid transformation. This change is driven by two major forces:

• ‍Technological Advancements: The rise of AI and the pervasive need to manage exponentially growing data volumes.‍
• Post-Pandemic Reality: A "seismic shift" in working habits has accelerated the acceptance of digital tools. The legal industry has moved from resistance to a "tempered acceptance" that manual workflows are unsustainable and that data possession is a major commercial risk.

2. The Current State: Automation as a "Friend"

The initial phase of this transformation is characterised by automation solving clear pain points. Technology is valued for:‍

• ‍Removing Friction: Automating mundane but critical tasks like discovery, document bundling, and standard hearing preparation.‍
• Creating a "Single Source of Truth": The novel concept of a unified digital workspace is gaining momentum. This platform provides a central hub for all stakeholders (legal teams, counsel, judges, clients), replacing long email threads and omnichannel confusion with oversight, transparency, and collaboration.

3. The Strategic Evolution: From Efficiency to Insight

Beyond mere efficiency, there is now an "active desire" to leverage technology earlier and more strategically. This is evidenced by:

• ‍Data-Driven Litigation: The use of litigation analytics to find patterns in outcomes and costs to reduce risk.‍
• Advanced Interrogation of Evidence: AI-powered search allows lawyers to ask complex questions of an entire case dataset, retrieving specific answers in seconds; a capability far beyond simple keyword search.‍
• Enhanced Preparation: Tools for automated transcription and advanced bundling are expediting hearing and witness preparation.

4. The AI-Powered Future: A New Model for Legal Practice

As a result of these shifts in the legal sector, an "inexorable rise" of AI that will fundamentally reshape legal workflows and team structures will be experienced:

• ‍Workforce Transformation: Large teams of paralegals may be replaced by a smaller, more specialised cohort of consultants who act as "translators" between the software and the law.‍
• The "Self-Serve" Courtroom: Evidence presentation will become digital, leveraging laptops and iPads in remote and hybrid settings.‍
• Generative AI's Role: New tools will emerge for creative tasks, such as structuring arguments, with chatbots providing answers with citations and tools assisting in drafting and evidence extraction.

5. The Crucial Metrics and Broader Impact

As this transformation accelerates, the focus must remain on tangible outcomes. Success will not be measured by the quantity of tech, but by the quality, accuracy, and utility of the results it provides. Furthermore, the adoption of these tools aligns with broader business imperatives:

• ‍ESG Alignment: Moving beyond a "tick-box exercise," digital workflows represent a greener way of working by reducing paper and travel.‍
• The "Game Changer": The most crucial insight is the powerful nexus between technology, improved client outcomes (through time and cost savings), and sustainable practices. Understanding that the right tech tools deliver on all these fronts simultaneously is the ultimate competitive advantage.

The inexorable rise of AI-driven technology will gradually lead to less human intervention and a greater use of automated, intelligent processes. Read more here.