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3 Litigation Trends to Expect in 2023

December 9, 2022
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Litigation has been undergoing significant changes. The residual effects of the pandemic are still influencing the industry, causing litigators to rethink their approach to collaboration and work processes. In addition, rapidly advancing technology is inspiring legal teams to implement and explore new tools, and trends are becoming easier to spot using A.I.

Looking to the future, it’s exciting to explore what will drive the industry forward. In that spirit, let’s take a closer look at three litigation trends to expect in 2023.

The Lingering Impact of the COVID-19 Pandemic

More than two years after the pandemic, we are finally returning to some degree of normalcy in the court system. Litigation is slowly coming back to pre-pandemic levels. Despite this, many litigators are still struggling to move their cases to trial. While there are still significant backlogs at courts throughout the country, there are geographic differences, making the litigation process in some court systems feel more “normal” than others.

The nature of litigation is being altered by the increasing number of professionals working from remote locations. Thanks to rapid technological advancements, it is possible to carry out remote case work and depositions in many situations. Prior to the pandemic, litigators were skeptical of remote options that seemed to make it easier for unethical witness coaching and controlling, however trust has grown as standards have developed and practices become more widespread.

In some ways, the pandemic has acted as an entry point for firms to start implementing innovative technologies. Now litigators and experts approach the work with a bit more flexibility in terms of location because of the need to adapt over the last two years. Legal teams are becoming more comfortable with these processes and enjoy the logistical advantages of remote work. It will be interesting to see the types of cases that are handled remotely, in-person, or using a hybrid model in the coming year.

A Focus on Technology

An understanding of tech solutions is now expected of all attorneys. The benefits of these solutions are becoming clearer to firms and their staff, such as the cost savings, ease of management, and the logistical simplicity of remote collaboration.

Tech advancements in the industry are not limited to remote work, and include services like eDiscovery, analytics, automation, cloud computing and artificial intelligence. It is important for legal teams to consider how these advancements improve their work and better serve clients. There are now states that require technological competence from lawyers. The consequences of avoiding or ignoring new technology are too high considering the sensitivity of the work being carried out.

Litigation outcomes are also being impacted by technology, as improved data analysis tools can help legal teams determine the best course of action based on the desired outcome. Examples include the ideal time to make settlement decisions or (from the client side) who is the best firm to select based on jurisdiction. Data science is being used increasingly as an outcome tool to assist legal teams.

A.I. Tools make it possible to monitor federal litigation trends in real-time. Trend detection products pinpoint spikes in litigation, and recent data tells a story of what’s to come.

All firms have access to these new technologies, and those that leverage them can accelerate growth. One of the goals is to implement tech and processes that make it easier to handle a large caseload. This will become more common as firms learn to trust the technology and explore how to use it to the best advantage for themselves and their clients.

Practice Area Trends

An increasing amount of litigation is targeting tech companies, social platforms, cryptocurrencies and more. From auto-renewal subscriptions to copyright issues in the realm of A.I., litigation surrounding technology will undoubtedly increase in the coming years.

Technology is not the only area of litigation that is currently spiking — another area is medical malpractice, where some fear that doctors are at risk after the Supreme Court’s decision on Roe v Wade. Moving into 2023, medical professionals are in a tough situation in which the legalities surrounding their work are still in flux.

Employment litigation is also expected to increase in the coming years, as employees and management are still coming to a new normal after the pandemic. Whether it is expectations on returning to the workplace, wage disputes, or workplace safety, the post-pandemic employment litigation landscape is becoming more active.

2023 will undoubtedly be an interesting year for litigation. As we are further removed from the pandemic and technology continues to advance, the trends that emerge now will impact the industry for years to come.

For more than 25 years, Round Table Group has helped litigators locate, evaluate, and employ the best and most qualified expert witnesses. Round Table Group is a great complement to any litigator’s quest for an expert witness and our search is always free of charge. Contact us at 202-804-8121 for more information or start your expert search now.

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