AI-generated lawsuits flood federal courtrooms as number of people representing themselves increases

AI chatbots like ChatGPT are changing one of the most intimidating experiences in the U.S.: appearing in court without an attorney.

According to MIT Technology Review, federal judges report a rise in self-filed cases prepared with AI help. 

What's happening?

Research from MIT Technology Review looked at 4.5 million federal civil cases and found that lawsuits filed by people representing themselves increased from 11% in 2022 to 16.8% in 2025.

Researchers said the share of filings flagged for AI-generated text jumped from 1% in 2023 to 18% in 2026.

"I do correlate that to AI in part because I see AI use," said Colorado federal magistrate judge Maritza Braswell. Judges say they can often identify AI-assisted filings by their wording, as well as by fake cases and made-up quotations.

Judges say those submissions can be more readable than handwritten or badly arranged filings from people with no legal training. "I'm also actually seeing better-drafted pleadings," Braswell said.

Online forums are helping spread the approach. MIT Technology Review reported that a Reddit post from late 2024 showed immigration applicants how to use Microsoft Copilot to draft a writ of mandamus, then pay a lawyer to review it before filing.

Why does it matter?

For people who cannot afford a lawyer, AI could reduce some barriers to entering the legal system. Judges say clearer filings can make claims easier to grasp and may make going to court alone feel less intimidating.

Still, better-written paperwork has not erased the disadvantage of proceeding without counsel. The study found that self-represented litigants continue to lose far more often than people with lawyers, even when AI is used. 

As co-author Joshua Levy explained, "It turns out that mounting a lawsuit is a complex, multifaceted task. Not all of it is just drafting text."

Judges also warn that chatbots can give bad legal advice. Recalling one plaintiff's demand, Judge Allison Goddard asked, "Where are you getting the idea that you're getting $700,000? Did you go to ChatGPT?"

Rapid AI adoption could strain the legal system as it tries to keep up with the changes, but it can also democratize access to justice for those who could never have afforded a lawyer in the first place.

What's being done?

Courts are now trying to figure out how the law should treat AI use in litigation. Some judges have said AI conversations used in preparing a case should be protected, while others have ruled that those exchanges are not privileged because chatbots are not lawyers and user data may be shared.

When bad legal advice is given and people use it in court, who should take responsibility and face punishment? 

New York has introduced a bill to bar chatbots from posing as lawyers, and members of Congress have discussed measures to prevent AI tools from presenting themselves as licensed professionals.

AI cleans up bad writing, which does help, but since it is not a living creature, bad advice goes unpunished and, more likely than not, is pushed on the defendant.

Braswell said, "I have to be really careful because some of them contain hallucinations and errors, but I can generally understand what they're arguing better with AI assistance from them than without it."

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