Could AI Drive a Rise in Pro Se Litigation?
Artificial intelligence (AI) is rapidly reshaping the legal industry. From drafting contracts to analyzing discovery, AI tools are making once-complex legal tasks more accessible to the general public. While these advancements offer exciting opportunities for efficiency, they also raise an important question: will access to AI lead to an increase in pro se litigants—individuals representing themselves in court without an attorney?
Why AI Appeals to Pro Se Litigants
For many individuals, the decision to go pro se comes down to cost. Legal fees can be prohibitively expensive, especially in civil disputes where damages may not justify hiring counsel. With AI-powered tools now able to:
Generate pleadings and motions,
Summarize legal standards,
Suggest arguments based on fact patterns,
And even review discovery materials,
self-represented litigants may feel more confident navigating the legal system without an attorney.
The Potential Upside
Increased Access to Justice: AI tools could level the playing field by giving individuals affordable support in drafting documents and understanding procedures.
Efficiency in Lower-Stakes Cases: For small claims, landlord-tenant disputes, or family law issues, AI guidance could streamline filings and reduce court backlogs.
Empowerment: Litigants may feel more in control of their case, relying on AI for guidance in areas where they would otherwise be lost.
The Risks and Limitations
While AI can make legal processes more approachable, it cannot replace legal judgment. Risks include:
Misapplication of the Law: AI can provide generalized guidance but may not account for jurisdictional nuances or exceptions.
Overconfidence: Litigants may rely too heavily on AI outputs, underestimating the complexity of courtroom advocacy.
Ethical Concerns: Courts may need to address the extent to which AI-assisted pleadings are acceptable—and who bears responsibility for errors.
The Paralegal’s Perspective
For legal professionals, a rise in pro se litigants means courts may see an increase in filings that are procedurally flawed or incomplete. Paralegals and legal staff may find themselves working more closely with attorneys to review AI-generated content, ensure compliance with local rules, and educate clients about the limits of AI tools.
Looking Ahead
AI will almost certainly expand access to justice, particularly for those who cannot afford counsel. But it will also highlight the indispensable role of trained legal professionals who can provide strategy, advocacy, and judgment that no algorithm can replicate.
The courts of the future may see more self-represented parties, but the need for skilled attorneys and paralegals—who can guide, interpret, and advocate—will remain critical.
