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AI Litigation: How to Use New Tech to Upgrade Old Workflows

 In Practice Pointers

AI Litigation: How to Use New Tech to Upgrade Old Workflows

Artificial intelligence is making waves in just about every industry, and the legal field is no different. While nothing will replace the expertise of skilled legal professionals, AI is quickly becoming a valuable tool for law firms, helping streamline tasks, improve efficiency, and even shape case strategies.

It’s not just about how lawyers work—AI is also influencing the cases they’re handling. For example, disputes over AI models like ChatGPT using copyrighted content are becoming more frequent, raising big questions about the legal implications of this technology.

In this article, we’ll take a closer look at AI’s role in litigation, from the advantages it offers law firms to the challenges and legal complexities it brings. With AI becoming more sophisticated by the day, staying on top of these developments is essential for legal professionals.

So, what do you need to know about AI in the legal world?

litigators using tech

The Impact of Artificial Intelligence on Litigation

Artificial intelligence is reshaping litigation by streamlining research, automating discovery, and improving access to justice. While these advancements drive efficiency and innovation, they also bring challenges like adapting to evolving tools and rising client demands.

Let’s explore AI’s biggest impacts on modern legal practice.

Optimizing Research

Any lawyer practicing during the pre-computer era can tell you just how long it took to research. Without digital repositories, the labor of manual research “slowed” all litigation.

“Slowed” is in quotes because that prior pace is only “slow” in retrospect. Given clients’ expectations of the time, litigation’s relatively leisurely pace was of no consequence.

Fast forward to emails—purported bastions of time savings—whose efficiency gains were quickly eclipsed by client expectations, causing a new world of immediate demands and, consequently, fast-paced litigation practices. 

So too have the efficiency gains made by digital research repositories been met with heightened client expectations. Memos once expected next week are now scheduled within the next hour. 

With increasingly capable AI research tools, collecting and filtering research is nearly instantaneous. Will these tools save attorneys’ time? Certainly, but that time may soon be weighted by increased client expectations.

Saving Time

AI litigation tools help law firms save significant time by automating the discovery response process.

Generative AI tools such as Briefpoint make it much faster to construct the vital documents that law firms need to handle discovery efficiently. According to insights, tools such as Briefpoint can reduce the time spent on these documents by as much as 87%.

These types of AI tools don’t just help to save time. They help uphold the standardization of a law firm’s work product so that firms can trust that every document they generate with Briefpoint meets their high-quality expectations.

Generative AI models essentially take care of the time-consuming aspects of document creation. However, law firms can still add their objections and responses, which make sure that they’re still quality documents based on their firm’s gold standards.

Reducing Barriers to Legal Assistance

Artificial intelligence software makes it easier for people who may historically not have had access to legal support to get the help they need. Many instances occur where people are unable to pursue legal avenues because of a lack of capital or know-how. 

AI software has allowed people from these groups to begin pursuing legal damages with a few clicks of a button. For instance, there are tools that instantly generate a personalized lawsuit against robocall companies. 

This aspect of AI litigation is still in development, but it’s expected to grow significantly in the coming years. While broadly positive, the downside could be that courts are overwhelmed by quickly generated lawsuits even when the grounds for the lawsuit are relatively thin. 

Skill Development for Legal Professionals

AI litigation tools are just beginning to infiltrate the legal system, but they’ll be widespread in the coming years.

To make the most of these advanced tools, lawyers and law firm workers will need to upskill to learn how to leverage the impact of the software that’s available. As with all industries, AI isn’t designed to take over from law professionals; it’s there to supplement them.

Legal professionals will need to learn how to select the right tool for the job, use the tools effectively, and generally stay up to date with new developments to stay ahead of the curve and make sure they’re getting the most from these powerful tools. 

Better Decision Making

Though the technology to help lawyers enhance their decision-making processes is still in its infancy, it’s anticipated to become more advanced and widely available in the coming years. 

Lawyers will be able to use these tools to gain valuable insights into a case’s predicted outcome, analyze similar cases from the past, and attain a deeper understanding of the broader context of their case. This will help law firms plan their strategy more effectively and make better, more informed decisions. 

Customer Service

Customer service is paramount in all industries, especially in the legal field, where customers have a more significant emotional stake than in other sectors.

AI-powered chatbots can make it easier for law firms to manage customer requests and questions, often resolving the issue without human intervention. 

Even if a human response is required, the information gathered by an AI chatbot can help reduce the amount of time the professional spends crafting a response since it will already have gathered the necessary information. 

How to Integrate AI Into Your Legal Practice

Integrating artificial intelligence into your legal practice can transform how litigation lawyers manage their workload. From automating repetitive tasks to improving decision-making, AI offers tools that save time and improve efficiency.

However, successful adoption requires a strategic approach to make sure the technology complements your practice while maintaining ethical and professional standards. So, we’ve created a guide to help you seamlessly incorporate AI into your litigation processes.

Assess Your Needs and Goals

Before diving into AI tools, take a step back and think about where they can truly help in your practice.

What tasks eat up the most time? Is it sifting through case law, drafting endless documents, or managing the overwhelming discovery process? These repetitive, time-intensive activities are prime candidates for AI to lighten the load.

Next, get clear on what you want to achieve. Do you need faster turnaround times for your clients? Or maybe you’re looking for tools that improve document consistency and accuracy? Defining these goals will make it easier to choose the right solutions that fit your practice.

Taking the time to assess your needs and set objectives makes sure the tools you adopt actually solve the challenges you face and make your workflow smoother.

Research AI Tools for Litigation

With so many AI tools available, it’s essential to focus on platforms specifically designed for litigation.

Start by exploring tools that handle common legal tasks:

  • Legal research
  • Document drafting
  • Discovery management

These can significantly reduce the time spent on routine work while maintaining accuracy.

Consider platforms tailored to litigation needs. For example, Briefpoint is a powerful tool for automating discovery responses, saving time while improving consistency. Other AI tools offer features like case outcome analysis that can help you evaluate potential strategies based on similar cases.

When researching tools, prioritize user-friendly platforms that integrate well with your existing systems. Check reviews, request demos, and compare features to make sure you’re choosing solutions that align with your practice’s unique requirements.

Choose the Right Tools

Picking the right AI tools is a game-changer for your litigation practice, but it takes some thoughtful consideration.

You’ll want to make sure the tools you choose don’t just tick the basics—they should genuinely fit your needs and help you work smarter. Start by checking how well a tool aligns with your practice’s daily tasks. Does it handle research, drafting, or case analysis with ease?

It’s also important to think about the bigger picture. Can the tool grow with your practice? Scalability is key if you want it to stay useful as your workload increases.

And let’s not overlook security—your clients trust you with sensitive information, so the platform you use needs to have top-notch data protection features.

Here’s a quick checklist to guide your decision:

  • Features: Does it address your pain points and help with critical litigation tasks?
  • Ease of use: Will your team find it intuitive without needing hours of training?
  • Cost: Is it reasonably priced, and does the value justify the investment?
  • Compatibility: Will it integrate smoothly with your current systems?
  • Scalability: Can it handle growth as your practice expands?
  • Security: Does it safeguard client data with strong protections?

Remember: Taking the time to evaluate these aspects ensures you’ll invest in a tool that delivers real results.

Train Your Team

Getting the most out of AI tools starts with making sure your team knows how to use them effectively.

Begin with training sessions for both attorneys and support staff, focusing on how these tools can make their day-to-day tasks easier. Show them practical examples, like how to generate responses quickly, analyze case law efficiently, or manage discovery on a large scale.

The goal is to make everyone comfortable with the tools, so encourage questions and keep the training hands-on. Real-world examples can go a long way in helping your team see how these tools fit into their workflows.

Since AI is constantly evolving, it’s also important to keep the learning going. Offer regular updates or refresher sessions to cover new features and advancements. This way, your team stays ahead of the curve and is fully equipped to leverage AI in their work.

Start with a Pilot Project

When introducing AI into your practice, it’s smart to start small. A pilot project lets you test the waters, see how the tool fits into your workflows, and work out any hiccups before going all in. Here’s how to make it work:

  • Pick a specific task or case: Focus on something manageable, like drafting discovery documents or handling legal research.
  • Watch how it performs: Keep an eye on time saved, accuracy, and how well it integrates into your process.
  • Spot any roadblocks: Identify any areas where the tool might not be meeting expectations or slowing things down.
  • Get team feedback: Ask your team how it’s going—what’s working, what’s not, and what could be better.
  • Tweak your workflows: Use what you’ve learned to make adjustments and fix any issues before rolling it out further.

Starting small gives you the chance to refine your approach and make sure AI becomes a helpful addition to your practice, not a disruption.

Integrate AI into Workflows

Once you’ve tested your AI tools and feel confident in what they can do, it’s time to make them part of your daily routine.

Let’s say you’re swamped with document reviews for a big case. Instead of manually combing through everything, an AI tool can handle the initial review, flagging key clauses, inconsistencies, or missing information. This saves hours of tedious work and lets you focus on the bigger picture—like shaping your case strategy.

The key is to ensure the AI doesn’t disrupt how your team already works. Instead, it should slide into your existing workflows seamlessly.

For example, if you’re using AI for discovery, you might automate the initial responses but still have attorneys review the final documents to make sure everything meets your firm’s standards.

Clear communication with your team is also essential. Make sure everyone knows what the AI is handling and where human input is still crucial. Regular check-ins can help you spot areas where the process might need tweaking.

Monitor Performance and Outcomes

To make sure your AI tools are delivering real value, it’s important to keep track of their performance. Focus on key areas that show their impact on your practice. Here are some metrics to monitor:

  • Time saved
  • Client satisfaction
  • Error reduction
  • Cost efficiency
  • Adoption rates
  • Workflow improvements

These metrics help you understand how well the tools are working. For example, are you completing tasks faster? Are clients happier with the results? Is the team using the tools effectively, and have your workflows become more efficient? 

Prioritize Ethical and Legal Compliance

Incorporating AI technology into litigation comes with responsibilities that can’t be overlooked.

As AI lawsuits around privacy violations and copyright infringement become more common, it’s vital to make sure the tools you use adhere to legal regulations governing data security, privacy, and AI usage in litigation.

This includes, but is not limited to, the following:

  • California Consumer Privacy Act (CCPA)
  • General Data Protection Regulation (GDPR) for clients in the European Union
  • Health Insurance Portability and Accountability Act (HIPAA) for handling sensitive medical information

Taking this step not only protects your practice but also safeguards your clients’ trust.

Set up a system for thoroughly reviewing AI-generated outputs, especially for tasks like generative AI litigation document creation. Attorneys should verify the accuracy of AI outputs and make sure they align with ethical standards.

This includes double-checking for potential copyright infringement or unintentional misuse of sensitive information.

Litigation lawyer using a laptop

Are Humans Still Superior? 

It’s important to note that while AI tools are getting a lot of attention and are becoming increasingly popular, they won’t replace trained professionals anytime soon. While popular, they cannot account for all the various factors contributing to making a valuable, informed decision. 

That only comes with experience and expertise. So, while they will certainly have a place in the legal field, the skilled professionals at the heart of the legal industry will still play the biggest role.

It’s also unclear whether AI will impact the roles of less-skilled jobs within the legal sector, such as legal assistants. 

New Case Areas

So far, we’ve talked about how litigators and law firms may use AI software tools to enhance their operations. However, there’s another side to AI litigation, too—the law cases lodged because of AI. 

This is a growing area of the law industry that is largely without precedent. We’re already seeing some high-profile cases, including artists claiming that AI companies are stealing their work or celebrities claiming that they’re using their likeness.

For example, let’s consider the lawsuit against OpenAI filed in the Northern District of California this year by authors Michael Chabon and Sarah Silverman.

The plaintiffs submitted a complaint alleging the company utilized their copyrighted material without authorization to train AI models. The central debate is whether using copyrighted texts for AI training falls under “fair use” considering the Digital Millennium Copyright Act (DMCA).

OpenAI argues that it transforms publicly available content to create new, original outputs, while the authors contend this practice devalues their intellectual property.

This case could set a precedent for how AI companies use copyrighted material, possibly leading to stricter licensing, compensation for creators for copyright infringement claims, or limits on data scraping practices.

Legal Aspects AI May Influence

The cases involving artificial intelligence we’ve outlined above are just the beginning of what could be a tsunami of AI-connected lawsuits and legal matters. Some legal frameworks that AI tools may influence include:

Privacy Matters

Privacy is a hot topic, but some AI tools and machine learning models, by nature, rely on individuals’ information to function correctly. Those types of tools may face legal scrutiny and lawsuits if they don’t integrate data protection into their services.

Antitrust

The race to dominate the AI field may lead to antitrust investigations, especially if one company seems to be edging toward a monopoly.

Concerns over unfair competition may arise, with regulators closely examining whether certain practices stifle innovation or limit market access for smaller players. This could result in legal challenges aimed at maintaining a competitive and fair marketplace.

Liability

Incidents caused by AI tools, like self-driving cars, could result in legal disputes about who is liable. Courts may grant a preliminary injunction to suspend the use of specific AI applications until safety or liability concerns are resolved.

Discrimination

AI systems rely heavily on their training data, and if that data contains biases, it can lead to unintended discriminatory outcomes. In fields like criminal justice or employment, biased algorithms could unfairly target certain groups, opening the door to discrimination lawsuits.

Laws like the Fair Housing Act, which protects against discrimination in housing, also come into play. For example, if generative AI technology used for tenant screening or mortgage approvals disproportionately excludes protected groups because of flawed training data, it could violate these regulations.

These risks highlight the need for careful audits of training data and fairness checks to ensure compliance with anti-discrimination laws. As generative AI becomes more common, addressing these issues upfront is critical to avoiding legal challenges and maintaining ethical standards.

It’s Time to Adopt AI Into Your Litigation Workflows

The legal field is evolving, and artificial intelligence is becoming an integral part of that transformation. Whether it’s automating routine processes or speeding up research, AI isn’t about replacing lawyers—it’s about making your work more efficient and precise.

For litigation professionals, the right AI tools can mean less time spent on tedious tasks and more time focused on strategy and client outcomes. Tools like Briefpoint are designed with this in mind, offering powerful solutions for discovery and document creation without compromising on quality or accuracy.

If you’re ready to modernize your practice and take advantage of AI’s potential, start with Briefpoint. It’s built to support the demands of litigation while helping you work smarter, not harder.

Book your discovery call today!

Reduce Litigation Costs By Automating Your Discovery Document Process

Discovery responses cost firms $23,240 per year per attorney. The $23,240 estimate assumes an associate attorney salary of $150,000 (including benefits—or $83 an hour), 20 cases per year/per associate, 4 discovery sets per case, 30 questions per set, 3.5 hours spent responding to each set, and 1,800 hours of billable hours per year.

Under these assumptions, using Briefpoint saves you $19,465 per year per attorney.

Test Briefpoint yourself by scheduling a demo here.

FAQs About AI Litigation

How can generative AI litigation help law firms?

Artificial intelligence can assist law firms by streamlining the research and document discovery process. With more tools constantly being developed, lawyers can expect to utilize more tools in the future that help them save time and work more efficiently

How does AI prompt litigation?

AI litigation is on the rise, mainly because it’s a new aspect of law without any historical precedence. Cases can relate to privacy, using the likeness of an individual without their consent, and discrimination (in the case of AI tools used during the employment process). 

What AI tools are currently available in the legal industry?

There are many AI tools currently available to the legal industry. Briefpoint is a popular option that uses generative AI technology to allow law firms to automate discovery responses and requests.

What’s the biggest legal issue that generative AI developers can face?

As of right now, the biggest issue is contributory or vicarious copyright infringement, as some AI models may generate content very similar to copyrighted content, which can directly violate copyright law.

 

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