{"id":165379,"date":"2026-10-20T12:53:45","date_gmt":"2026-10-20T20:53:45","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/10\/20\/ai-innovation-on-trial\/"},"modified":"2026-10-20T12:53:45","modified_gmt":"2026-10-20T20:53:45","slug":"ai-innovation-on-trial","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/10\/20\/ai-innovation-on-trial\/","title":{"rendered":"AI Innovation On Trial"},"content":{"rendered":"<p class=\"wp-block-paragraph\">I was under the impression that I didn\u2019t have to prepare for this panel. <\/p>\n<p class=\"wp-block-paragraph\">At this year\u2019s <a href=\"https:\/\/relativity.com\/relfest\/chicago\/\" rel=\"nofollow noopener\" target=\"_blank\">RelFest<\/a>, the Legal Data Intelligence State of the Union \u2014 an annual tradition marrying education and chaos \u2014 adopted the frame of a trial. <a href=\"https:\/\/www.relativity.com\/blog-authors\/david-horrigan\/\" rel=\"nofollow noopener\" target=\"_blank\">David Horrigan<\/a>, Relativity\u2019s discovery counsel and legal education director, the architect of these festivities, put AI on trial to decide if the innovation in the marketplace comes from law firms or the clients.<\/p>\n<p class=\"wp-block-paragraph\">And, before we go further, obviously the tech wizards behind AI are neither lawyers nor in-house counsel, but when it comes to AI, \u201cinnovation\u201d isn\u2019t really about the latest language model. It\u2019s about developing use cases, tweaking workflows, and fine-tuning skills. Anyone can hop on Claude and any lawyer (with a big enough budget) can use Harvey or Legora, but it takes <a href=\"https:\/\/abovethelaw.com\/2026\/10\/biglaw-firm-will-pay-associates-to-be-bad-at-ai-for-a-while-100-hours-to-be-precise\/\" rel=\"nofollow noopener\" target=\"_blank\">real effort and experimentation<\/a> to come up with an innovation that improves the delivery of legal services. <\/p>\n<p class=\"wp-block-paragraph\">This year\u2019s panel structured itself as a trial. <a href=\"https:\/\/www.morganlewis.com\/bios\/smilner\" rel=\"nofollow noopener\" target=\"_blank\">Scott Milner<\/a> of Morgan Lewis argued that law firms drive innovation, while <a href=\"https:\/\/www.lexisnexis.co.uk\/legal\/experts\/14888\" rel=\"nofollow noopener\" target=\"_blank\">Fiona Campbell<\/a> of LexisNexis defended the honor of in-house counsel (adorned in her horsehair wig as a former barrister). Presiding over the exercise as judges were retired <a href=\"https:\/\/www.jamsadr.com\/neutrals\/francis\" rel=\"nofollow noopener\" target=\"_blank\">S.D.N.Y. Magistrate Judge James Francis<\/a>, <a href=\"https:\/\/gatehouselaw.co.uk\/barrister\/dr-victoria-mccloud\/\" rel=\"nofollow noopener\" target=\"_blank\">Dr. Victoria McCloud<\/a>, a retired Master of the King\u2019s Bench Division, and <a href=\"https:\/\/courts.alaska.gov\/judges\/docs\/psw.pdf\" rel=\"nofollow noopener\" target=\"_blank\">Judge Pamela Washington<\/a>, president of the <a href=\"https:\/\/www.nawj.org\/\" rel=\"nofollow noopener\" target=\"_blank\">National Association of Women Judges<\/a>. As for the jury, Horrigan assembled a mostly media panel including\u2026 me.<\/p>\n<p class=\"wp-block-paragraph\">So I didn\u2019t prepare anything for the panel because as a JUROR, I decided to evaluate the dispute based solely on the evidence presented. <em>Apparently<\/em>, that wasn\u2019t everyone else\u2019s impression because the rest of the jury showed up with slides picking one side or the other \u2014 or inventing whole new answers that had nothing to do with the case at hand\u2026 like a real jury \u2014 before even hearing the argument.<\/p>\n<p class=\"wp-block-paragraph\">Well, friends, I take this work seriously. And so I fulfilled my duty as the only juror that didn\u2019t need to be struck for cause. I listened to the argument and evaluated it on its merits.<\/p>\n<p class=\"wp-block-paragraph\">Milner argued that firms are driving innovation for two key reasons. First, firms have a better knowledge base to work from as they see problems across industries and geographies, and have the opportunity to pressure test AI workflows under a variety of scenarios. And second, law firms are guided by the invisible hand of capitalism because the same forces driving firms to compete for work are driving innovation. <\/p>\n<p class=\"wp-block-paragraph\">Campbell\u2019s case focused on clients enjoying deeper understanding of their own data. A law firm \u201csees the frames rather than the full picture.\u201d The inability of firms to draw lessons from the data unbound by the context of a specific engagement limits the innovation outside counsel can really achieve. She brought a key statistic \u2014 a survey result showing that <a href=\"https:\/\/www.bestlawfirms.com\/articles\/the-disconnect-in-legal-ai-is-real-all-talk-no-payoff\/7006\" rel=\"nofollow noopener\" target=\"_blank\">58 percent of respondents believed in-house counsel was the driving force behind innovation while only 1 percent believed it was the firms<\/a>.<\/p>\n<p class=\"wp-block-paragraph\">Some of the other jurors and judges sharpened these cases. Bob Ambrogi invoked the DuPont Legal Model and the ACC Value Challenge to argue that clients historically drag firms toward technology, adding that Litera\u2019s spring survey noted that <a href=\"https:\/\/www.lawnext.com\/2026\/05\/85-of-law-firms-say-clients-are-driving-ai-investment-decisions-new-litera-survey-finds.html\" rel=\"nofollow noopener\" target=\"_blank\">85 percent of firms said they feel or expect direct client pressure<\/a> on their AI strategy. Dr. McCloud observed that motivation frames everything and that for firms, problems are a business, while for corporate counsel \u201cthe problems that they have to address are existential.\u201d<\/p>\n<p class=\"wp-block-paragraph\">When called upon to render my decision, I took these points, but decided they cut the other way. <\/p>\n<p class=\"wp-block-paragraph\">Is innovation a supply or demand issue? Obviously law firms wouldn\u2019t do anything if clients weren\u2019t pushing them to, but just because the market demands something doesn\u2019t make it happen automatically. It\u2019s then on the supplier to put in the work to deliver the product. So I broke down the arguments from both sides. First, I dealt with Campbell\u2019s statistics. It may sound impressive that 58 percent of respondents believe in-house lawyers are driving change and only 1 percent think it\u2019s the firms, but that statistic comes from the Association of Corporate Counsel. A survey of 5-year-olds revealed that 95 percent believe ice cream is part of a balanced breakfast but that doesn\u2019t make it so. A bunch of in-house lawyers think they\u2019re the best? No kidding. Frankly, it\u2019s embarrassing that <em>only<\/em> 58 percent were willing to pat themselves on the back.<\/p>\n<p class=\"wp-block-paragraph\">The battle over depth versus breadth was a wash. Does deep knowledge of data help spur innovative solutions? Sure. Does exposure to a wide variety of use cases spur innovation? Sure. No one really sold me on one or the other cornering the market. But Milner\u2019s point about firms competing for business struck me as compelling. When firms walk into a pitch and have to explain what will set them apart in an industry where everyone has the same underlying AI tools, that\u2019s where they have to sell the processes they\u2019ve built. <\/p>\n<p class=\"wp-block-paragraph\">As Judge Francis explained \u2014 while noting that \u201cas Joe is wont to do, his perspective is slightly off\u201d \u2014 the market demands a better iPhone, but ultimately it\u2019s Apple that does the innovating. And the vendors are ultimately building the AI legal products too, but constrained by a debate between firms and in-house lawyers, the firms are occupying the Apple role. They may not be inventing the language models, but they are building the workflows and processes that turn those models into results. <\/p>\n<p class=\"wp-block-paragraph\">Judge Washington closed on the proverb: \u201cIf you want to go fast, go alone. If you want to go far, go together.\u201d And in the end, that\u2019s the real lesson here \u2014 no side owns the entire innovation process. It\u2019s a symbiotic relationship between clients, firms, and vendors learning from each other as they build. <\/p>\n<p class=\"wp-block-paragraph\">She also declared the whole event a mistrial with the jury hopelessly divided. Fair enough\u2026 and I\u2019m still waiting for my $15.<\/p>\n<hr>\n<p><strong><em><img decoding=\"async\" loading=\"lazy\" class=\"alignright  wp-image-443318\" src=\"https:\/\/abovethelaw.com\/wp-content\/uploads\/2016\/11\/Headshot-300x200.jpg\" alt=\"Headshot\" width=\"188\" height=\"125\" title=\"\"><a href=\"http:\/\/abovethelaw.com\/author\/joe-patrice\/\" target=\"_blank\" rel=\"noopener nofollow\">Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of <a href=\"http:\/\/legaltalknetwork.com\/podcasts\/thinking-like-a-lawyer\/\" target=\"_blank\" rel=\"noopener nofollow\">Thinking Like A Lawyer<\/a>. Feel free to\u00a0<a href=\"mailto:joepatrice@abovethelaw.com\">email<\/a> any tips, questions, or comments. Follow him on\u00a0<a href=\"https:\/\/twitter.com\/josephpatrice\" target=\"_blank\" rel=\"noopener nofollow\">Twitter<\/a>\u00a0or <a href=\"https:\/\/bsky.app\/profile\/joepatrice.bsky.social\" rel=\"noopener nofollow\" target=\"_blank\">Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news.<\/em><\/strong><\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2026\/10\/ai-innovation-on-trial\/\" rel=\"nofollow noopener\" target=\"_blank\">AI Innovation On Trial<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n<p class=\"wp-block-paragraph\">I was under the impression that I didn\u2019t have to prepare for this panel. <\/p>\n<p class=\"wp-block-paragraph\">At this year\u2019s <a href=\"https:\/\/relativity.com\/relfest\/chicago\/\" rel=\"nofollow noopener\" target=\"_blank\">RelFest<\/a>, the Legal Data Intelligence State of the Union \u2014 an annual tradition marrying education and chaos \u2014 adopted the frame of a trial. <a href=\"https:\/\/www.relativity.com\/blog-authors\/david-horrigan\/\" rel=\"nofollow noopener\" target=\"_blank\">David Horrigan<\/a>, Relativity\u2019s discovery counsel and legal education director, the architect of these festivities, put AI on trial to decide if the innovation in the marketplace comes from law firms or the clients.<\/p>\n<p class=\"wp-block-paragraph\">And, before we go further, obviously the tech wizards behind AI are neither lawyers nor in-house counsel, but when it comes to AI, \u201cinnovation\u201d isn\u2019t really about the latest language model. It\u2019s about developing use cases, tweaking workflows, and fine-tuning skills. Anyone can hop on Claude and any lawyer (with a big enough budget) can use Harvey or Legora, but it takes <a href=\"https:\/\/abovethelaw.com\/2026\/10\/biglaw-firm-will-pay-associates-to-be-bad-at-ai-for-a-while-100-hours-to-be-precise\/\" rel=\"nofollow noopener\" target=\"_blank\">real effort and experimentation<\/a> to come up with an innovation that improves the delivery of legal services. <\/p>\n<p class=\"wp-block-paragraph\">This year\u2019s panel structured itself as a trial. <a href=\"https:\/\/www.morganlewis.com\/bios\/smilner\" rel=\"nofollow noopener\" target=\"_blank\">Scott Milner<\/a> of Morgan Lewis argued that law firms drive innovation, while <a href=\"https:\/\/www.lexisnexis.co.uk\/legal\/experts\/14888\" rel=\"nofollow noopener\" target=\"_blank\">Fiona Campbell<\/a> of LexisNexis defended the honor of in-house counsel (adorned in her horsehair wig as a former barrister). Presiding over the exercise as judges were retired <a href=\"https:\/\/www.jamsadr.com\/neutrals\/francis\" rel=\"nofollow noopener\" target=\"_blank\">S.D.N.Y. Magistrate Judge James Francis<\/a>, <a href=\"https:\/\/gatehouselaw.co.uk\/barrister\/dr-victoria-mccloud\/\" rel=\"nofollow noopener\" target=\"_blank\">Dr. Victoria McCloud<\/a>, a retired Master of the King\u2019s Bench Division, and <a href=\"https:\/\/courts.alaska.gov\/judges\/docs\/psw.pdf\" rel=\"nofollow noopener\" target=\"_blank\">Judge Pamela Washington<\/a>, president of the <a href=\"https:\/\/www.nawj.org\/\" rel=\"nofollow noopener\" target=\"_blank\">National Association of Women Judges<\/a>. As for the jury, Horrigan assembled a mostly media panel including\u2026 me.<\/p>\n<p class=\"wp-block-paragraph\">So I didn\u2019t prepare anything for the panel because as a JUROR, I decided to evaluate the dispute based solely on the evidence presented. <em>Apparently<\/em>, that wasn\u2019t everyone else\u2019s impression because the rest of the jury showed up with slides picking one side or the other \u2014 or inventing whole new answers that had nothing to do with the case at hand\u2026 like a real jury \u2014 before even hearing the argument.<\/p>\n<p class=\"wp-block-paragraph\">Well, friends, I take this work seriously. And so I fulfilled my duty as the only juror that didn\u2019t need to be struck for cause. I listened to the argument and evaluated it on its merits.<\/p>\n<p class=\"wp-block-paragraph\">Milner argued that firms are driving innovation for two key reasons. First, firms have a better knowledge base to work from as they see problems across industries and geographies, and have the opportunity to pressure test AI workflows under a variety of scenarios. And second, law firms are guided by the invisible hand of capitalism because the same forces driving firms to compete for work are driving innovation. <\/p>\n<p class=\"wp-block-paragraph\">Campbell\u2019s case focused on clients enjoying deeper understanding of their own data. A law firm \u201csees the frames rather than the full picture.\u201d The inability of firms to draw lessons from the data unbound by the context of a specific engagement limits the innovation outside counsel can really achieve. She brought a key statistic \u2014 a survey result showing that <a href=\"https:\/\/www.bestlawfirms.com\/articles\/the-disconnect-in-legal-ai-is-real-all-talk-no-payoff\/7006\" rel=\"nofollow noopener\" target=\"_blank\">58 percent of respondents believed in-house counsel was the driving force behind innovation while only 1 percent believed it was the firms<\/a>.<\/p>\n<p class=\"wp-block-paragraph\">Some of the other jurors and judges sharpened these cases. Bob Ambrogi invoked the DuPont Legal Model and the ACC Value Challenge to argue that clients historically drag firms toward technology, adding that Litera\u2019s spring survey noted that <a href=\"https:\/\/www.lawnext.com\/2026\/05\/85-of-law-firms-say-clients-are-driving-ai-investment-decisions-new-litera-survey-finds.html\" rel=\"nofollow noopener\" target=\"_blank\">85 percent of firms said they feel or expect direct client pressure<\/a> on their AI strategy. Dr. McCloud observed that motivation frames everything and that for firms, problems are a business, while for corporate counsel \u201cthe problems that they have to address are existential.\u201d<\/p>\n<p class=\"wp-block-paragraph\">When called upon to render my decision, I took these points, but decided they cut the other way. <\/p>\n<p class=\"wp-block-paragraph\">Is innovation a supply or demand issue? Obviously law firms wouldn\u2019t do anything if clients weren\u2019t pushing them to, but just because the market demands something doesn\u2019t make it happen automatically. It\u2019s then on the supplier to put in the work to deliver the product. So I broke down the arguments from both sides. First, I dealt with Campbell\u2019s statistics. It may sound impressive that 58 percent of respondents believe in-house lawyers are driving change and only 1 percent think it\u2019s the firms, but that statistic comes from the Association of Corporate Counsel. A survey of 5-year-olds revealed that 95 percent believe ice cream is part of a balanced breakfast but that doesn\u2019t make it so. A bunch of in-house lawyers think they\u2019re the best? No kidding. Frankly, it\u2019s embarrassing that <em>only<\/em> 58 percent were willing to pat themselves on the back.<\/p>\n<p class=\"wp-block-paragraph\">The battle over depth versus breadth was a wash. Does deep knowledge of data help spur innovative solutions? Sure. Does exposure to a wide variety of use cases spur innovation? Sure. No one really sold me on one or the other cornering the market. But Milner\u2019s point about firms competing for business struck me as compelling. When firms walk into a pitch and have to explain what will set them apart in an industry where everyone has the same underlying AI tools, that\u2019s where they have to sell the processes they\u2019ve built. <\/p>\n<p class=\"wp-block-paragraph\">As Judge Francis explained \u2014 while noting that \u201cas Joe is wont to do, his perspective is slightly off\u201d \u2014 the market demands a better iPhone, but ultimately it\u2019s Apple that does the innovating. And the vendors are ultimately building the AI legal products too, but constrained by a debate between firms and in-house lawyers, the firms are occupying the Apple role. They may not be inventing the language models, but they are building the workflows and processes that turn those models into results. <\/p>\n<p class=\"wp-block-paragraph\">Judge Washington closed on the proverb: \u201cIf you want to go fast, go alone. If you want to go far, go together.\u201d And in the end, that\u2019s the real lesson here \u2014 no side owns the entire innovation process. It\u2019s a symbiotic relationship between clients, firms, and vendors learning from each other as they build. <\/p>\n<p class=\"wp-block-paragraph\">She also declared the whole event a mistrial with the jury hopelessly divided. Fair enough\u2026 and I\u2019m still waiting for my $15.<\/p>\n<hr>\n<p><strong><em><img decoding=\"async\" loading=\"lazy\" class=\"alignright  wp-image-443318\" src=\"https:\/\/abovethelaw.com\/wp-content\/uploads\/2016\/11\/Headshot-300x200.jpg\" alt=\"Headshot\" width=\"188\" height=\"125\" title=\"\"><a href=\"http:\/\/abovethelaw.com\/author\/joe-patrice\/\" target=\"_blank\" rel=\"noopener nofollow\">Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of <a href=\"http:\/\/legaltalknetwork.com\/podcasts\/thinking-like-a-lawyer\/\" target=\"_blank\" rel=\"noopener nofollow\">Thinking Like A Lawyer<\/a>. Feel free to\u00a0<a href=\"mailto:joepatrice@abovethelaw.com\">email<\/a> any tips, questions, or comments. Follow him on\u00a0<a href=\"https:\/\/twitter.com\/josephpatrice\" target=\"_blank\" rel=\"noopener nofollow\">Twitter<\/a>\u00a0or <a href=\"https:\/\/bsky.app\/profile\/joepatrice.bsky.social\" rel=\"noopener nofollow\" target=\"_blank\">Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news.<\/em><\/strong><\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2026\/10\/ai-innovation-on-trial\/\" rel=\"nofollow noopener\" target=\"_blank\">AI Innovation On Trial<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I was under the impression that I didn\u2019t have to prepare for this panel. At this year\u2019s RelFest, the Legal Data Intelligence State of the Union \u2014 an annual tradition marrying education and chaos \u2014 adopted the frame of a trial. David Horrigan, Relativity\u2019s discovery counsel and legal education director, the architect of these festivities, [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":165358,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[16],"tags":[],"class_list":["post-165379","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/165379","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=165379"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/165379\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/165358"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=165379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=165379"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=165379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}