How Generative AI is Transforming Litigation Practice

The rise of generative artificial intelligence (AI) has transformed many industries, and the legal profession is no exception. Generative AI tools are helping lawyers save time, improve the quality of their work, and reduce human error. As litigation becomes more complex, lawyers are increasingly turning to AI to streamline tasks that were traditionally time-consuming and resource-intensive. Even small law firms with limited resources now have access to AI tools that can rival the capabilities of larger firms.

This article will explore how generative AI tools, specifically, are reshaping the practice of litigation. We’ll discuss how litigation solicitors can use these readily available tools to improve tasks such as legal research, document review, drafting key litigation documents, and managing correspondence with clients and opposing parties. We’ll also share tips on how solicitors can develop effective prompts to make generative AI tools a valuable asset in their everyday litigation practice.

What are generative AI tools, and how can they help litigation solicitors?

Generative AI tools, like ChatGPT, are a category of AI designed to generate human-like text based on the input they receive. These tools have been trained on vast amounts of data and are capable of performing a wide range of tasks that can aid in legal practice, particularly in litigation. By interacting with solicitors in a conversational manner, generative AI tools can help with complex tasks such as drafting documents, conducting legal research, summarising information, and automating communications.

Solicitors can use generative AI tools in a variety of ways to improve their workflows. Whether it’s generating first drafts of legal documents, answering legal questions, reviewing contracts, or drafting emails, these tools offer a flexible, cost-effective solution that can complement a solicitor’s expertise. The most exciting aspect of generative AI tools is their ability to interact naturally with users, enabling dynamic problem-solving and quick responses.

How even small firms can leverage generative AI tools

In the past, AI tools were often the domain of large, well-resourced firms with the budget to develop custom AI solutions. However, generative AI tools are a game-changer for small and medium-sized firms. The platform is accessible, affordable, and can be used by firms of any size to improve efficiency and quality.

Here’s how small firms can take advantage of generative AI tools:

• Affordability: Generative AI tools can be accessed via a subscription model, meaning firms don’t need to invest in costly infrastructure or proprietary AI development.
• Cloud-based: Most generative AI tools are cloud-based, which means they are available from anywhere, making them ideal for firms that may not have extensive in-house IT support.
• Ease of use: Generative AI tools typically come with easy-to-use, conversational interfaces, allowing solicitors to start using them right away without requiring advanced technical skills or training.

By harnessing generative AI tools, small law firms can level the playing field with larger competitors, automating routine tasks, improving work quality, and reducing turnaround times.

Using generative AI tools to improve litigation tasks

Generative AI tools are extremely versatile and can be applied to almost every task a litigation solicitor performs. Below, we explore a few simple ways that solicitors can use well-thought-out prompts to improve various stages of litigation, from legal research to drafting documents, and even managing communications.

1. Legal research

Legal research is one of the most critical and time-consuming tasks in litigation. Solicitors must quickly find relevant case law, statutes, and other legal precedents to build their arguments. Generative AI tools can speed up this process by providing rapid answers to complex legal questions and suggesting related cases and statutes.

Example of how generative AI tools can assist with legal research:

• Prompt: “Can you provide an analysis of case law surrounding breach of contract in commercial litigation in the UK?”

How generative AI tools help:

• Generative AI tools can pull from vast databases of knowledge to provide relevant case law, summarising key decisions and their relevance to the user’s query.
• They can also identify patterns in the law, suggest related legal principles, and even highlight areas where there may be gaps in a solicitor’s argument.

By using generative AI tools for legal research, solicitors can significantly reduce the time spent combing through legal databases, freeing them to focus on higher-level strategic thinking.

2. Document review and disclosure

Document review is one of the most labour-intensive aspects of litigation, especially in large-scale disclosure exercises. Generative AI tools can assist solicitors in identifying key information, flagging documents that may be relevant, and even suggesting edits to documents that need to be disclosed.

Example of how generative AI tools can assist with document review:

• Prompt: “Can you summarise this contract and highlight the clauses related to confidentiality?”

How generative AI tools help:

• Generative AI tools can quickly analyse lengthy documents and extract relevant information, such as identifying confidentiality clauses or other important contractual terms.
• They can also identify potential issues or inconsistencies in documents that may need further review or attention.

By automating the process of summarising and reviewing documents, solicitors can focus on more complex aspects of the case, such as interpreting legal implications or advising clients on strategy.

3. Drafting legal documents

Drafting legal documents, such as particulars of claim, witness statements, or pleadings, is another area where generative AI tools can significantly improve efficiency. By using templates and providing these tools with detailed prompts, solicitors can quickly generate drafts that can be further refined.

Example of how generative AI tools can assist with drafting:

• Prompt: “Please draft a particulars of claim for a breach of contract case involving non-payment of invoices in the UK.”

How generative AI tools help:

• Generative AI tools can provide a well-structured first draft, including the necessary legal language and structure. They can suggest appropriate legal terminology and clauses based on the type of claim being made.
• Solicitors can then refine and adapt the draft to fit the specific details of their case, saving time on the initial drafting process.

By leveraging generative AI’s drafting capabilities, solicitors can focus on customising the documents and ensuring they meet their client’s specific needs rather than spending hours writing from scratch.

4. Emails and correspondence

Communication is key in litigation, and solicitors often spend significant time drafting emails and responding to clients, the court, and opposing counsel. Generative AI tools can help streamline this process by suggesting email responses based on the solicitor’s input, making it faster and easier to manage correspondence.

Example of how generative AI tools can assist with email communication:

• Prompt: “Please draft a response to an opposing party’s letter requesting an extension for filing a defence.”

How generative AI tools help:

• Generative AI tools can draft professional and clear email responses, adjusting the tone and style to fit the context (formal, assertive, conciliatory, etc.).
• They can suggest responses based on similar situations and legal norms, ensuring that solicitors don’t miss key points or nuances in their communication.

By using generative AI tools to handle routine email communication, solicitors can focus on higher-priority tasks while maintaining professional and timely correspondence.

5. Strategy and case analysis

One of the more advanced ways that solicitors can use generative AI tools is by using them to assist with case strategy. Generative AI tools can help identify potential weaknesses in a case or offer alternative approaches based on their understanding of past case law and legal principles.

Example of how generative AI tools can assist with case strategy:

• Prompt: “Can you provide an analysis of the strengths and weaknesses of this case based on the facts presented?”

How generative AI tools help:

• Generative AI tools can provide an objective analysis of the case, suggesting possible legal strategies, evaluating risks, and offering insights that may have been overlooked.
• They can also help solicitors anticipate opposing arguments and suggest ways to counter them effectively.

Best practices for using generative AI tools in litigation

To make the most of generative AI tools’ capabilities, solicitors should develop well-thought-out prompts that clearly convey what they need. The more specific and detailed the prompt, the better the output will be. Here are some tips:

1. Be specific: When requesting legal analysis or document drafts, be as specific as possible with the facts of the case and the type of document you need.
2. Use iterative prompts: You can refine and adjust your prompts if the initial response isn’t exactly what you need. Generative AI tools learn from each interaction, so iterative prompting can help refine results.
3. Supplement with human expertise: While generative AI tools are powerful, they are not infallible. Always review the AI-generated content and make adjustments as needed. Use generative AI tools to save time, but rely on your legal expertise to ensure accuracy.
4. Integrate into your workflow: Incorporate generative AI tools into your everyday tasks, from drafting documents to managing email correspondence. The more you use them, the more streamlined your processes will become.

Conclusion

Generative AI tools are revolutionising the way litigation solicitors practice law. From legal research to document review, drafting legal documents to managing client communication, generative AI tools offer a range of functionalities that can improve efficiency, reduce human error, and allow solicitors to focus on higher-level legal strategy.

Small law firms, in particular, have much to gain from adopting generative AI tools. The affordability, accessibility, and versatility of these tools make them invaluable assets, enabling firms of all sizes to enhance their litigation practices and provide top-quality services to their clients.

By using well-thought-out prompts and integrating generative AI tools into their daily workflows, solicitors can unlock new levels of productivity and effectiveness in litigation, improving the overall quality of their work while saving time and reducing costs.