Self-represented lawsuits surged from 11% in 2022 to 16.8% in 2025, with AI driving the increase. A study of 4.5 million federal cases found AI-flagged documents rose from 1% in 2023 to 18% in 2026. Judges like Colorado's Maritza Braswell recognize AI's distinctive writing style, including fabricated cases and hallucinated quotes, yet the flood of filings continues to grow nationwide.

While AI helps people articulate arguments better, it doesn't improve win rates for self-represented litigants. Judge Braswell processes AI-drafted motions faster than handwritten ones despite containing errors. In one case, ChatGPT advised a plaintiff seeking $700,000 for a slip-and-fall case—wildly inflated. Judges now question whether AI companies bear responsibility for flawed legal advice.

Courts remain divided on chatbot-client privilege. A Michigan court ruled ChatGPT conversations as protected work product, while a New York court denied similar protection. OpenAI faces litigation for ChatGPT's alleged unauthorized practice of law. States consider legislation holding AI companies liable for bad advice, though federal efforts have stalled. For now, many view AI's benefits as outweighing its risks in the complex justice system.