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  • 6 - Legal Tech and the Litigation Playing Field

  • from Part II - Legal Tech, Litigation, and the Adversarial System
  • Edited by David Freeman Engstrom, Stanford University, California
  • Book:
    Legal Tech and the Future of Civil Justice
    Published online:
    02 February 2023
    Print publication:
    09 February 2023, pp 133-154
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  • Summary

    What effect will potent new legal tech tools have on the civil litigation landscape, and what can or should we do about it? Recent trends in plaintiff win rates and damages awards suggest the American civil justice system is growing more slanted toward the “haves” at the expense of the “have-nots.” Some say that AI-fired legal tech tools will reverse this trend and democratize the system. We disagree. Potent new legal tech tools are surely coming. Many are already here. But these tools are, and will likely continue to be, unevenly distributed because of the privileged access to data and technical know-how of emerging consortia of corporations, law firms, and tech companies. As a result, legal tech will, at least over the near- to medium-term, further skew the litigation playing field, shaping not just the resolution of claims but also the evolution of substantive law. As the American civil justice system enters the digital age, the haves will be propelled yet further ahead.