Use Of AI In Litigation - A Quick Look At Today And The Future

The role of AI in litigation is receiving increasing focus. In this briefing, we take a quick look at some ways in which AI is already used in the conduct of litigation and how it will be used in the future.

How is AI already used in litigation?

1. Disclosure

In modern commercial litigation, for practical purposes, disclosure is entirely electronic. As volumes of electronic disclosure have continued to expand, AI-based tools have provided vital support in order to manage the resulting resourcing, time and costs requirements.

A type of AI tool that is used extensively is predictive coding. This is an application of machine learning technology that uses algorithms to identify potentially relevant documents in disclosure exercises. Typically, predictive coding works by human reviewers first identifying a 'seed set' of example documents. The algorithms then analyse the features of the relevant documents (such as keywords, phrases and metadata) and the coding