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Above the Law says litigation is increasingly being written by LLMs

Published
Score
10

Why it matters

Above the Law published a commentary in June 2026 arguing that a significant and growing portion of litigation work—legal arguments, briefs, and memoranda—may now be generated by large language models rather than written by lawyers. The piece challenges the traditional conception of litigation as primarily a human-driven craft, framing the shift as a structural change in how legal work is actually produced.

The commentary reflects broader industry momentum toward AI-assisted legal drafting, which has moved from experimental pilots to routine practice. The precise scope of LLM adoption in active litigation remains unclear, as does the extent to which courts and opposing counsel can reliably distinguish machine-generated legal analysis from attorney work product.

Practitioners should monitor this trend closely. As LLMs become embedded in drafting workflows, questions about quality control, consistency, and legal reasoning rigor will likely surface in discovery disputes, sanctions motions, and bar ethics inquiries. The threshold question—how much litigation is now machine-shaped—will shape future expectations around disclosure, competence, and the evidentiary weight courts assign to AI-assisted arguments.

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