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The Role of the Litigator in the AI Era is Still Essential: Artificial Intelligence Trends

Role of the Litigator in the AI Era

Will agentic AI document review eliminate the need for lawyers? Syllo says the role of the litigator in the AI era is still essential.

Their blog post titled (wait for it!) The Essential Role of the Litigator in the AI Era, available here) discusses that the AI-driven shift is likely to upend the complex litigation process. But even though the workflows and structures are likely to evolve, the central role played by the litigator and the case team will not change because litigation’s essence is irreducibly human; experience required to traverse adversarial nuances with human presence and ethical bearing remains beyond the reach of any AI tool.

Even though the complexity of litigation is now more manageable than ever through a combination of process, expertise, and sufficiently well architected AI systems, attorney expertise will continue to be at the center.

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In litigation, every action and reaction can trigger a cascade of consequences. Decisions made at the pleading stage, for example, impact potential discoverability of evidence. Managing deposition witnesses while simultaneously anticipating how a judge (or later, appellate court) may read the record adds yet another layer of sophistication. At every overlapping inflection point, where a contemporaneous determination forecloses or opens future probabilities, the lawyer’s ability to reason with the case’s full trajectory in mind is integral.

AI can deliver “mastery of the facts”, but it’s the lawyer that leverages those facts, telling the story to a human judge, jury, and counterparty. Couldn’t agree more.

So, where do you draw the line between AI and the human presence? And what are lawyers’ ethical responsibilities? Find out here, it’s only one click. AI can’t click for you! 😉

So, what do you think? How has AI changed the role of the litigator in your organization? Please share any comments you might have or if you’d like to know more about a particular topic.

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Image created using DALL-E 3, using the term “human lawyer directing robots sitting at workstations to do work”.

Disclosure: Syllo is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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