DENMARK Trends and Developments Contributed by: Jacob Skude Rasmussen, Catherine Schutz and Alexander Højmark, Gorrissen Federspiel
Cost reduction and improved efficiency One of the most promising aspects of AI in liti- gation is its ability to automate tasks that have traditionally been time-consuming for lawyers. This includes the following. • Document review: AI will be able to assist in identifying relevant documents, flagging important sections and filtering out irrelevant information, significantly reducing the time spent on reviewing the large volumes of documentation typical in large and complex civil cases. • Legal research and analysis: AI may expedite the process of identifying relevant case law, statutes and legal precedents. In the future, AI may even be able to predict how a court might rule on the merits of the case based on past decisions, which will help lawyers in building their case. • Drafting legal documents: the use of AI may help to reduce the time spent on drafting legal documents by automatically filling in rel- evant data into pre-set templates. This allows for easy customisation based on specific case details, minimising the need for exten- sive manual drafting and ultimately reducing costs. While lawyers remain essential for tailoring pleadings to the relevant facts and overall strat- egy, as well as reviewing key documentation to ensure that no relevant facts are missed or misconstrued, the use of AI may significantly reduce both time and costs, making litigation more accessible and cost effective overall. Assistance with administrative tasks As civil cases in Denmark grow larger and more complex, the time required for administrative tasks also increases, diverting attention away from actual case management.
AI may be able to assist in streamlining vari- ous administrative functions, such as managing schedules, tracking deadlines and predicting timelines, significantly reducing the time law- yers spend on these tasks. This enables lawyers to redirect their focus toward substantive case handling and strategy development, ultimately reducing costs for the client. Furthermore, by analysing past case data, AI may in the future be able to assist in developing more effective strategies, ensuring that resourc- es are allocated more effectively within the legal team handling the case. Limitations and challenges of AI in litigation While AI offers various applications in litigation, it also presents several challenges, including the following. • Data privacy and security: the handling of sensitive legal data raises concerns about privacy and confidentiality. Ensuring that AI models comply with data protection regula- tions, such as the GDPR, is critical to pre- venting breaches and protecting client infor- mation and confidentiality. This may reduce efficiency – eg, in document review – as any documentation provided to the AI model must first be fully anonymised to ensure compli- ance with data protection laws. • Biases: if the underlying data provided to the AI model contains biases, the AI may perpetuate or even exacerbate these biases, potentially leading to outputs that are factu- ally incorrect. • Limited understanding of AI decision-mak- ing (the “Black Box” problem): the lack of transparency in how AI makes its decisions constrains lawyers’ ability to fully rely on any AI-generated output. Lawyers will therefore need to verify any information provided by the
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