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Embry Argues AI Is Widening the Gap Between Plaintiff and Defense Firms in Personal Injury Cases

Published
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24

Why it matters

Above the Law published an opinion column on October 19, 2026, by Stephen Embry, a former defense lawyer and blogger. Embry argues that AI efficiencies favor plaintiff firms paid on contingency, while defense firms that bill hourly watch their revenue shrink as work gets faster. Many insurance carriers already pay personal injury defense firms low hourly rates, and Embry says AI cuts the billable hours those rates depend on. The clearest example he cites is Morgan & Morgan, which plans to spend at least $1 billion on legal tech and AI over the next 10 years. Plaintiff-side vendors are drawing heavy investment too. EvenUp raised $150 million in an October 2025 Series E at a valuation above $2 billion, and Darrow, which uses AI to detect legal violations and route plaintiffs to firms, has raised about $80 million. Other vendors named include Supio and Eve.

The column is an opinion piece, and its claims about market trends have not been independently verified. Embry also ties the shift to reported increases in motor vehicle tort filings and award amounts, and those figures are not sourced in the column. On the defense side, Tyson & Mendes senior partner Ashley Fetyko told Insurance Business that "the defense, particularly insurance defense, is very slow to change." Few generative AI tools are built or marketed specifically for defense firms, according to a December 2024 Law360 report. A September 2026 Law.com report said insurer rate pressure may leave outside counsel behind on AI and data analytics. Law.com published a separate piece on October 23, 2026, arguing that AI could reverse the traditional defendant advantage.

Attorneys on the defense side should track how carriers respond to AI-driven productivity, including whether they push for flat fees, alternative billing, or lower rates tied to automated work. Firms billing hourly should review their rate structures now, before billable hours fall further. Plaintiff firms and their vendors are the ones gaining capacity, so opposing counsel may be faster and better resourced than in past cases. Watch for whether Morgan & Morgan's spending produces measurable changes in case volume or settlement values.

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