Generative AI in litigation: Turning talk into transformation

11
Nov
2024

Opus 2

In recent years, generative AI (GenAI) has captured the legal industry's attention, moving from buzz to real-world applications within law firms. According to a recent Lexology Masterclass webinar, 94% of participants believe GenAI is here to stay, with 84% viewing it as a competitive advantage. As firms begin implementing AI to streamline the litigation lifecycle, a thoughtful approach is essential for success.

Why AI for litigation?

Just as eDiscovery transformed data review, GenAI has the potential to revolutionise litigation. From document review to case management, AI for litigation offers a strategic advantage, allowing law firms to handle large volumes of data efficiently and accurately. Recent research from Ari Kaplan Advisors revealed that half of litigation support directors are beginning to incorporate AI into their workflows, with expectations that AI tools will soon become as essential as document review platforms.

This shift is timely, as lawyers face mounting pressure to manage complex cases and expanding data sets with speed and precision. AI tools provide flexibility and can scale to support growing demands, creating efficiencies that are now imperative in high-stakes litigation.

Key AI use cases in litigation

AI is already streamlining critical tasks across the litigation process. Here are some of the most impactful use cases:

• Discovery and document review: Enhanced document review, coding for eDiscovery, and entity extraction
• Legal research and case management: Summarisation, case chronology creation, and topic extraction
• Contract analysis: AI-assisted contract review and analysis
• Deposition and transcript management: AI for deposition prep and organising case notes

By automating these tasks, AI empowers lawyers to focus on strategic, high-value activities like case strategy and client advising, while AI handles repetitive, data-intensive processes.

AI as an assistant, not a replacement

It’s essential to understand that AI is a tool, not a substitute for human expertise. As Raymond Bentinck, Chief Product Officer at Opus 2, noted in the webinar, “Gen AI automates certain tasks but doesn’t replace human intelligence.” AI lacks the deep understanding and judgment that lawyers bring to their work. It assists with data structuring and insights but requires attorney oversight to align AI outputs with case strategy.

Addressing key concerns: security, accuracy, and trust

As firms adopt AI, they must consider data security, accuracy, and user confidence:

• Data security: AI tools in litigation must protect client confidentiality, with robust encryption and strict privacy protocols to prevent data exposure. Firms should focus on solutions with strong data security standards.
• Accuracy and hallucinations: A common concern is ensuring AI’s output is factual. GenAI can sometimes produce plausible but incorrect information, known as “hallucinations.” Limiting AI’s referenceable data to case-specific data and offering source citations can help maintain accuracy and transparency.
• Adoption and trust: Lawyers tend to be cautious adopters of new tech. Firms can encourage AI adoption by defining its role clearly, involving stakeholders early in the process, and using pilot programs to demonstrate initial successes.

Strategic steps for effective AI implementation

To achieve successful AI integration, firms should approach implementation thoughtfully. Key steps include:

1. Establishing clear governance: Set guidelines for AI use to protect client data and ensure ethical AI practices.
2. Finding high-value use cases: Prioritise AI use cases that offer the highest value and align with litigation needs, like case management.
3. Selecting the right solution: Choose scalable AI tools tailored to litigation and case management.
4. Providing training and enablement: Equip legal teams with the skills to use AI effectively.
5. Incorporating lawyer feedback: Collect ongoing feedback to refine AI integration and maintain alignment with legal workflows.

Looking ahead: Future-proofing with AI

Implementing GenAI is about preparing for the future. As client expectations evolve, law firms that embrace AI will be better positioned to deliver value and stay competitive. By automating tasks like document review and research, AI enables lawyers to concentrate on strategy and client service. Thoughtful AI integration empowers firms to navigate the changing landscape confidently.

To explore this topic further or see AI in action, check out the on-demand Lexology Masterclass or request a demo of Opus 2.