Staying Ahead in 2026: 6 AI Tips From Litigation Leaders
- cosmonauts
- 2 days ago
- 3 min read
By: Brett Chalmers, Product Marketing Director, Opus 2
AI is no longer a future consideration for litigation teams. Firms are already using it to streamline preparation, strengthen analysis, and accelerate case strategy. The next challenge is determining how to apply AI in ways that deliver measurable value while maintaining trust, defensibility, and human judgment.
Insights from legal technologists, law firm leaders, and industry analysts featured in The future of AI in litigation point to six priorities firms should focus on.
1. Start with the right technology foundation
Successfully using AI for litigation starts with the right technology foundation. Litigation workflows are interconnected, with case assessment, fact development, deposition strategy, and motion practice all influencing one another. Often firms can find the most value using AI embedded in litigation platforms rather than disconnected AI solutions.
Industry analyst Ari Kaplan notes, “Firms are experiencing solution fatigue and looking to platforms where AI is embedded into daily work.” Similarly, Gyorgy Pados, practice technology associate director at White & Case, says firms must move toward “integrated, intelligent platforms with true interoperability.”
Leveraging AI in existing systems reduces friction in litigation preparation, collaboration, and strategy.
2. Build governance and defensibility into workflows
Firms using AI must include governance and defensibility in their approach. Courts and clients increasingly expect transparency around AI-assisted work. Litigation teams must ensure AI outputs can be traced to verifiable source material. Systems that support audit trails, explainability, and human oversight allow firms to use AI while maintaining defensibility.
Laura Ewing-Pearle, senior manager of e-discovery and practice support technology at Baker Botts LLP, emphasizes, “Attorneys ultimately retain responsibility for all work product, whether human- or AI-generated.”
3. Invest in AI ongoing education and enablement
Firms that invest in training and enablement will be better positioned to realize long-term benefits.
“Transformation happens through people, not platforms,” says Shannon Lex Bales, senior manager of litigation support at Munger Tolles & Olson LLP.
Partners, associates, litigation support, and paralegals all need practical training on how AI tools fit into workflows. Firms must also ensure lawyers understand how AI-generated outputs are created and reviewed.
Melina Efstathiou, lead for disputes and investigations at Legal Data Intelligence, believes that “Lawyers must be fluent in AI literacy and governance, with training that is accessible, accredited, and designed to democratize expertise rather than gatekeep it.” Firms that prioritize education will strengthen adoption while improving confidence and accountability.
4. Prepare for value-based billing
As firms use AI to accelerate workflows and enhance insights, clients increasingly expect greater efficiency, predictability, and value.
Richard Tromans, founder of Artificial Lawyer, predicts the industry will continue moving toward “fixed fees, scoped fees, and if all else is unworkable, then value billing.” Pat Fanning, partner and trial lawyer at Lathrop, similarly expects firms to increasingly price litigation services around milestones and outcomes rather than hours worked.
Even when firms maintain traditional billing structures, they must still demonstrate how AI-driven efficiencies translate into better client service and stronger litigation outcomes.
5. Expand AI beyond administrative tasks
Early AI adoption in litigation focused heavily on administrative work such as document summarization, discovery organization, and research support. However, many experts believe the greatest value will come from higher-level analytical applications.
Kate Orr, managing director of practice innovation at Orrick, explains that AI can help lawyers quickly synthesize complex records and focus on “the thorniest issues and nuances of the case.”
Advanced use cases increasingly include identifying patterns across evidence, developing case strategy, and helping litigators engage more deeply with case materials earlier in the dispute lifecycle.
Josh Zylbershlag, director of e-discovery services at Paul, Weiss, says, “AI’s ability to restore deep familiarity with case materials is perhaps its most compelling impact.”
6. Elevate human judgment
Across the legal industry, one theme remains consistent: AI will not replace litigators, but it will change what differentiates them. As AI accelerates drafting, research, and analysis, judgment becomes even more valuable. Litigators must still decide which arguments matter and how evidence should be framed.
Kate Orr summarizes the shift directly: “AI will reshape litigation by amplifying judgment, not replacing it.” Pat Fanning similarly argues that as litigation becomes more AI-enabled, attorneys will rely even more heavily on core advocacy skills and strategic decision-making.
Looking ahead
The future of AI in litigation will be shaped by the decisions firms make today. Firms that simplify technology environments, invest in governance and education, and align AI with real litigation workflows will be best positioned to meet evolving client expectations and deliver stronger outcomes.