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.