The Growing Impact of AI-Assisted Pro Se Litigation
Employers are facing a new and rapidly expanding litigation challenge: unrepresented plaintiffs filing lawsuits and motions generated with the help of generative artificial intelligence (AI). Recent data shows a sharp rise in these cases across federal courts, particularly in employment, ADA, and Fair Housing Act litigation.
A Surge in Pro Se Litigation Driven by AI
Law firms nationwide are reporting significant increases in lawsuits filed without attorneys, often identifiable by AI-generated briefs, motions, and discovery requests. Industry tracking shows:
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49% increase in pro se employment lawsuits last year.
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69% increase in pro se Fair Housing Act cases through the first nine months of 2025.
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Courts issued 52 rulings in February alone identifying improper AI use—up from just two the year before.
This shift indicates that AI tools now make it easier for individuals to draft lengthy filings, cite authority (accurate or not), and pursue appeals at little or no cost.
Why These Cases Are More Costly and Time-Consuming
AI-assisted pro se filings pose unique challenges for employers:
1. High Volume of Procedural Activity
AI enables litigants to produce filings at a pace far higher than traditional represented plaintiffs. Defense counsel frequently see:
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Rapid-fire oppositions and motions
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Duplicative or repetitive filings
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Lengthy appellate briefs generated with minimal effort
2. Increased Verification Burden
AI tools may generate fake cases or inaccurate legal citations, requiring time‑consuming verification and correction. Some courts have sanctioned litigants for submitting fabricated authorities, but the burden falls initially on defendants to identify and explain the issues.
3. Longer Case Lifecycles
AI makes it easier for individuals to initiate appeals, contest procedural rulings, or expand discovery, even where the underlying claim is weak. Partners across multiple defense firms now describe AI-assisted pro se cases as “scorched-earth litigation.”
4. Higher Defense Costs
Even straightforward claims can cost 10–15% more to defend due to the increased motion practice, discovery disputes, and verification needs created by AI‑generated filings.
Courts and Legislators Are Responding—But Slowly
Responses remain uneven:
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Several federal judges have imposed monetary sanctions—including five-figure attorney-fee awards—for the misuse of AI in filings.
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Some states are considering legislation restricting AI from providing legal advice.
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More than two dozen pro se litigants have been sanctioned since mid-2023 for AI‑related misconduct, and the pace is accelerating.
There is no uniform national standard yet governing the use of AI in court filings.
What Employers Should Expect
In the current environment, employers should anticipate:
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Higher procedural activity, even in meritless cases
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Longer timelines before dismissal or resolution
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More appeals and post‑judgment motions
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Greater defense spend driven by the increased workload
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Potential need for sanctions motions to manage abusive filings
How We Can Help
Our team has developed practical approaches for handling the increasing number of AI-assisted pro se filings, including:
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Identifiying potential AI-generated filings early in the case
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Filing targeted motions to strike improper or duplicative pleadings
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Seeking sanctions where appropriate
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Addressing fabricated or unsupported citations with the court
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Structuring defense planning to manage procedural issues and control litigation cost
These approaches are intended to help clients address this emerging issue while limiting unnecessary expense and disruption.
