If you’ve been looking to grow your firm (or solo practice), then — as a litigator — it’s not only important that you consider your marketing options, but it’s also important that you consider broader litigation trends in the legal industry so that you can better serve the clients that you do have, and so that you know where you should actually spend your marketing dollars.

Let’s take a closer look at some litigation trends in the legal industry that are likely to affect litigators in 2025 and onward.  Keep reading to learn more!

Generative Artificial Intelligence continues to be a source of potential conflict

Generative AI, a subset of artificial intelligence, was the “hot topic” in litigation and legal regulation for 2024, and it appears to be a continuing source of potential conflict going forward — especially with the rise of quantum computing power that could be leveraged by AI to engage their operations at an order of magnitude higher-level.

There are essentially two main categories of concerns in the litigation context for attorneys in 2025: 1) privacy concerns, and 2) IP-related concerns. Each of these are based on the material being used by AI in their training datasets. For example, individual claimants may take issue with the fact that a company’s AI model is training itself off their personal data, some of which they may not have licensed out to be used in that manner. Similarly, artist claimants may take issue with the fact that a company’s AI model is training itself off some of their copyrighted material, which they have not licensed out to be used in that manner. These are giving rise to substantial litigation.

Litigators are already experimenting with many defenses — by pointing out that AI models are training off datasets in a manner that is not dissimilar to a human being learning a skill by reading books. Given that this sort of litigation is still in its infancy, we can expect these disputes to develop new complexities and default expectations once courts begin to properly define the contours of rights in the AI context.

Certain technologies are enabling clearer factual narratives

In recent years, video technology — such as police bodycams and vehicle dashcams (and other technology, like black boxes that record speed, orientation, and locational data) — is more ubiquitous than ever before.  This will give litigators a clearer picture of the factual narrative at issue.

Clear evidence is having — and will continue to have — an impact on how a dispute is argued in court.  Depending on the quality of the evidence, it’s very likely to lead to earlier settlements and/or dismissals.  That’s because it’s going to be easier to establish liability at an early stage based on this evidence.

Industry experts expect there to be more uninsured/underinsured motorists than ever

An increase in insurance premiums (and economic friction for many families, especially with rising inflation) has resulted in many drivers choosing not to pay for auto insurance coverage at all — or choosing to purchase a highly limited insurance plan.  This can create additional complexities and challenges in auto accident litigation, as litigators will have to explore alternative recovery strategies, like suing other potentially liable defendants so as to access deeper pockets.

Mental health impacts are being given more weight in courtroom damage evaluations

Seismic cultural shifts — especially since the pandemic — have led to more serious consideration of mental health issues.  This applies to legal disputes, too.  Courts and insurers are increasingly serious about accounting for mental health losses, and this can lead to more substantial payouts for emotional distress, depression, PTSD, and other issues that often accompany a serious legal claim.  Litigators should take note and should advocate aggressively for these losses to be comprehensively accounted for in the total damages (and should invest proper efforts into documenting the losses).

Alternative dispute resolution is increasingly popular in post-pandemic America

As law firm margins reduce (and costs increase) due to attorney production and work efficiency issues, alternative dispute resolution is becoming more and more common. During the pandemic, digital solutions like online dispute resolution platforms became ubiquitous, but these platforms continue to draw in those who are not interested in a long, drawn-out dispute — litigators must consider this shift in claimant behavior, and push for alternative dispute resolution more aggressively.

Contact Walker Advertising for Helping Growing Your Firm’s Client Base

Whether you’re a solo lawyer or are part of a larger firm with plans for expansion, it’s important to grow you client base in order to hit your revenue and client growth goals.  Here at Walker Advertising, we can help.  We operate a number of popular attorney networks — including our Los Defensores and 1-800-THE-LAW2 brands — through which firms are able to access leads for various legal claims.

The leads we acquire through our various online marketing efforts — from social media marketing to targeted web ads — have been pre-qualified by our team so that you aren’t hassled by a flood of leads that are simply not relevant or actionable for your purposes.  By accessing these quality leads, you’ll be well-equipped to select the best ones to grow your firm business.

Contact Walker Advertising today to connect to a member of our team who can explain how our legal networks can help your firm business thrive in this ever-changing digital marketing landscape.

We look forward to assisting you.

Key Litigation Trends in the Legal Industry to Watch This Year

Emerging Technologies in Litigation

• The integration of AI and automation in the legal industry is changing the way lawyers work and interact with clients.
• AI tools are being used for legal research, document drafting, and litigation support, increasing efficiency and accuracy.
• Cybersecurity concerns are on the rise, with law firms and legal professionals needing to protect sensitive client data from cyber threats.
• The use of generative AI in litigation is becoming more prevalent, with some courts allowing its use in certain circumstances.
• The demand for associates skilled in legal technologies, particularly in AI and cloud-based solutions, is increasing as these tools become essential for law firms.

AI and Automation in the Legal Industry

• AI is being used to analyze large datasets and identify patterns, helping lawyers to make more informed decisions.
• Automation is streamlining routine tasks, freeing up lawyers to focus on more complex and high-value work.
• Many law firms are investing in AI tools to stay competitive in the evolving legal landscape.
• Law schools are incorporating AI and automation into their curricula to prepare students for the future of the legal profession.
• Investments in legal technology are expected to rise, with law firms focusing on tools that enhance efficiency and require legal professionals to develop relevant tech skills.

Cybersecurity Concerns in Litigation

• Law firms and legal professionals need to be aware of the risks of cyber-attacks and take steps to protect themselves and their clients.
• Cybersecurity measures such as encryption and firewalls are essential for protecting sensitive data.
• The use of cloud-based storage and collaboration tools is increasing, but also raises cybersecurity concerns.
• Law firms need to have a robust cybersecurity policy in place to mitigate the risks of cyber attacks.

Trends in Litigation Support Services

• The demand for litigation support services is increasing, with law firms and legal professionals seeking to outsource tasks such as document review and transcription.
• Choosing the right litigation support vendor is crucial, with factors such as quality of service, cost, and reliability being key considerations.
• Litigation support spending trends indicate that firms are willing to invest in high-quality services to support their litigation efforts.
• Reports from Bloomberg Law provide expert predictions and analyses that are crucial for legal professionals to prepare for forthcoming challenges and trends.

Choosing the Right Litigation Support Vendor

• Law firms and legal professionals need to carefully evaluate potential vendors based on their expertise, reputation, and customer service.
• The quality of service provided by the vendor is critical, with firms seeking vendors that can deliver high-quality work on time and on budget.
• Cost is also an important consideration, with firms seeking vendors that offer competitive pricing without compromising on quality.
• Reliability and communication are also key factors, with firms seeking vendors that are responsive and reliable.

Litigation Support Spending Trends

• The demand for litigation support services is driving spending trends, with firms willing to invest in high-quality services to support their litigation efforts.
• The use of technology is also driving spending trends, with firms seeking to leverage technology to streamline their litigation efforts.
• The trend towards outsourcing litigation support services is expected to continue, with firms seeking to reduce costs and increase efficiency.

The Future of Law Firms

• The future of law firms is being shaped by emerging technologies, changing client expectations, and evolving regulatory requirements.
• In-house counsel trends and challenges indicate that law firms need to be more responsive to client needs and more proactive in their approach.
• Alternative legal services and fees are becoming more prevalent, with firms seeking to offer more flexible and cost-effective solutions to clients.
• In-house legal teams are increasingly integrating legal tech tools to enhance efficiency and effectiveness, reshaping their structure and roles.

In-House Counsel Trends and Challenges

• In-house counsel are facing increasing pressure to manage risk, reduce costs, and improve efficiency.
• The use of technology is becoming more prevalent, with in-house counsel seeking to leverage technology to streamline their work.
• The trend towards outsourcing legal work is expected to continue, with in-house counsel seeking to reduce costs and increase efficiency.
• The practice of law is evolving with the integration of AI technologies, presenting new challenges and considerations for law firms and in-house legal departments.

Litigation Trends and Predictions

• Labor and civil rights litigation is expected to increase, with firms seeking to leverage technology to streamline their litigation efforts.
• Regulatory and compliance trends indicate that firms need to be more proactive in their approach, with a focus on risk management and compliance.
• A significant UK Supreme Court decision involving the Competition Appeal Tribunal has clarified the enforceability of legal funding agreements, influencing legislation and prompting further reviews.

Best Practices for Legal Professionals

• Staying current with changing trends and predictions is critical, with firms seeking to leverage technology to streamline their work.
• Effective use of technology in the legal industry is essential, with firms seeking to leverage technology to improve efficiency and reduce costs.
• AI and automation are transforming legal practices by enhancing efficiency and altering the landscape of legal service delivery.