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ARTICLE · 24 AUGUST 2026

Protecting Litigation Skill In The Age Of AI

Presently, the availability of AI tools has not changed the skills expected of litigation attorneys in California. Some attorneys may be using AI for drafting and editing to improve their writing abilities. Others may use it in research to identify authorities they were not able to locate, or to locate more quickly what they could find using the many legal research and writing tools already available.

United StatesLitigation, Mediation & Arbitration

How is AI changing the skills expected of professionals in your jurisdiction?

Presently, the availability of AI tools has not changed the skills expected of litigation attorneys in California. Some attorneys may be using AI for drafting and editing to improve their writing abilities. Others may use it in research to identify authorities they were not able to locate, or to locate more quickly what they could find using the many legal research and writing tools already available. AI usage among litigators appears to have increased rapidly within a very short period of time, but it has not replaced the varied skills and experience needed to be an exceptional litigator. In other words, it may assist with speed and organisation, but cannot replace advocacy, courtroom instinct or the ability to understand how a judge may react to an argument.

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