If there is one area of litigation that could really benefit from advances in artificial intelligence, it is group actions.
With some of these claims now involving tens or even hundreds of thousands of claimants, AI could be game changing.
This topic was explored at a fascinating roundtable discussion by experts from City firm Macfarlanes last week, where senior associate Fred Snowball outlined numerous ways in which AI could radically change how group litigation is run, and how much it costs.
For claimant representatives, building a class by identifying and contacting relevant people is a huge, expensive and time-consuming task. AI could make it much easier to find and contact those people, and gather as much information as possible at the outset – for example in a product liability claim, when the product was bought, and from where. It could quickly collate masses of information.
Once a dataset is obtained, AI could ensure that cases meet the ‘same interest’ requirement by being internally consistent. Within the pool of claims, it could spot any cases that may pose a problem and should be excluded; and could highlight those that are strong candidates to be presented as ‘test cases’.
Once the claim is up and running, for very large claims involving thousands of claimants, AI could make the job of administering those claims much easier. It could identify which group of individuals need to be contacted about a particular issue, or set reminders for certain things. It could also produce mass pleadings.
But AI is not just a tool for claimants; it could also be very helpful on the defendant side of the fence. Where there are a large number of claims, the opposite side of the coin is that defendants could also use AI to analyse claims – spotting any weaknesses and inconsistencies within the claim pool, with a view to selecting lead cases that have the best chance of establishing the desired factual or legal points.
Any then there are the courts; with AI having the potential to provide real benefit to judges as well as the parties. AI could become the ultimate courtroom assistant, effortlessly carrying out much of the heavy lifting: such as listening to evidence, collating witness statements and disclosure, grouping cases together and identifying themes, strong points and weaknesses.
Will parties ever turn their eyes towards the bench to see a shining robot in a horsehair wig? Certainly not – AI-led judgments would never be accepted by clients or their lawyers. But behind the scenes, AI looks set to have a considerable effect on how group litigation is run, and – perhaps just as importantly – how much it costs to bring.
May 30, 2023
Insights
