How Plaintiff Law Firms Are Outpacing Defense Firms in AI Adoption—And What to Do About It

Plaintiff firms are moving quickly with AI. They are using modern technology to speed up case document  intake, build stronger cases, and improve outcomes without growing headcount. Emerging legal tech tools are changing how legal work gets done, helping practices act faster and stand out.

Defense firms have been more cautious. Concerns around billable hours, scattered systems, and data security have slowed progress. In a 2024 survey of 200 lawyers, approximately 78% of law firms still haven’t adopted AI, often due to concerns about privacy risks, misuse, or potential security issues. While plaintiffs gain ground, many defense teams are still holding back. With the right approach, there is room to move forward in a way that supports the work and upholds professional standards to keep defense attorneys ahead of the curve.

Plaintiff Firms Leverage Emerging AI Capabilities

Plaintiff firms are using AI in ways that make their work faster and focused. Intake calls can be transcribed automatically, with key facts highlighted and strong cases flagged early. AI legal solutions reviews past information like judge decisions and venue history to help forecast outcomes and shape strategy. It can also draft pleadings, complaints, and demand letters in minutes, giving lawyers ample time back to focus on case direction and strategy. Recent findings show this shift is already underway, with civil litigation firms leading adoption at 27%, followed by personal injury and family law practices at 20%.

In personal injury files, AI helps sift through medical records, create injury timelines, and catch missed details. Some resources can even summarize transcripts from interviews or pull out relevant facts when needed. This gives firms the ability to respond promptly, assess risk with precision, and build stronger negotiation packages grounded in evidence.

Plaintiff Firms are Leading in the AI Race

Plaintiff firms have clear reasons to move fast on AI. Since they work on contingency, saving time means earning more. Their outcome-focused method rewards tools that help win cases with less effort. Many firms are small and agile, so calls happen quickly without layers of approval.

They are also set up for smoother adoption. Case data tends to live in one place, making it easier to use with AI solutions. A strong culture of sharing, through archives and peer networks, fosters the spread of what works. About 75% of firms working with AI report that it helps increase productivity and handle larger caseloads. With more tools now tailored to their workflows, plaintiff firms are in a favorable position to stay ahead.

What’s Holding Defense Firms Back from AI Adoption

Defense firms are facing a few key roadblocks with AI. The hourly billing model makes time-saving technologies less appealing for firms, and many practices are taking a cautious stance. Concerns about privacy, accuracy, and ethics often slow things down, especially when decisions need multiple approvals. Still, change may be coming. Nearly 43% of legal professionals believe hourly billing will decline over the next five years, which could shift how firms view AI's role in their work.

Older systems and scattered data additionally make adoption harder. Many AI solutions are not designed for defense workflows, and strict confidentiality rules and rising legislation restrictions add another layer of hesitation, particularly around insurer records.

Defense Firms Risk Falling Behind Without AI

AI gives defense firms a way to meet client demands for faster insights and better cost control, notably from insurers and corporate counsel. In one report, 90% of firms said they believe AI will improve the quality of legal services, not just reduce costs (and many clients share that view).

AI tasked with handling routine processes like research or document review offloads lawyers with manual admin work, allowing them to focus on strategy. Armed with automated processes, AI solutions are helping pull insights from complex information and open the door to modernizing old systems while staying secure and compliant.

Tactical Steps for Defense Firms to Catch Up

For defense firms, adopting AI doesn’t require a full overhaul. Start small (in areas like document review or discovery) where the workload is heavy and time matters. Involve practice groups early so the legal professionals doing the work have a say in how it evolves. That kind of input builds trust and helps new systems take root.

From there, focus on what actually drives results. Choose use cases with impact, work with vendors who understand defense workflows, and build in privacy and ethical standards from the start. With the right foundation, AI becomes less of a risk and more of a resource to support your experts.

Regulatory and Ethical Considerations

Applying AI in legal work comes with real responsibilities. Client data must be protected at every stage, especially when handling sensitive information. Lawyers need to understand how these tools work, where they fall short, and when a human review is non-negotiable. AI should support legal judgment, not replace it.

Firms need to stay alert to bias, keep track of how AI makes decisions, and follow evolving rules and regulations on confidentiality and disclosure. Nearly 40% of organizations have already faced an AI-related privacy breach, which makes careful vendor selection of a claims documentation platform and strong internal policies even more important. Clear oversight and consistent safeguards are table stakes to build trust with clients and within the team.

Guiding Defense Firms on Their AI Journey

Plaintiff firms are already using AI to increase output without growing their teams, and it’s changing the pace of litigation. Defense firms that wait too long risk falling behind, not just in speed but in the quality and impact of their work. The shift is already happening, and the longer firms hold back, the harder it will be to catch up.

AI can support better research, sharper risk analysis, and informed offers without replacing lawyers. With clear strategy, thoughtful governance, and ongoing evaluation, defense firms can use AI to strengthen their work and deliver more value to clients on their own terms.

For those ready to take this next step, we created the Buyer’s Guide to ensure your team is equipped to make the best decision for your organization. Download the guide today to access your roadmap to selecting the right claims documentation platform solution built for speed, accuracy, and compliance at scale.