LitiQuest 2026: Half the Room Is Already Behind

I just walked out of LitiQuest Plaintiff 2026—Litify's 10th anniversary conference in Orlando—where 300 plaintiff firm leaders spent two days talking about AI, operations, and the future of their practices. The energy was high. The conversations were sharp. And here's the uncomfortable truth I kept coming back to: half the people in that room are going to be left behind within three years.

Not because the technology isn't available to them. Because of how they're thinking about it.

The data tells the same story. 79% of legal professionals say they're using AI tools—up from 19% in 2023. But when you look deeper, only 1 in 5 legal departments has achieved anything close to "AI maturity." The rest are stuck in pilots, proofs of concept, and endless evaluation cycles. Usage is up. Transformation is not.

Tool Thinking vs. Team Thinking

This is the framework that kept crystallizing in every session and hallway conversation at LitiQuest. There are two fundamentally different ways firms are approaching AI, and the gap between them is becoming a chasm.

Tool thinking sounds like: "How do I use AI to do this task faster?"

Team thinking sounds like: "What do I hand off to AI entirely—and never touch again?"

It's a subtle distinction, but it changes everything. Tool thinkers bolt AI onto existing workflows and measure success in minutes saved. Team thinkers redesign the workflow itself. They ask which steps should never involve a human in the first place, then build backward from there.

Most firms at LitiQuest—and across the industry—are stuck on tool thinking. They've downloaded ChatGPT, run a few experiments with document review, maybe subscribed to a legal AI product. Then they call it "adoption." The ABA's 2024 Legal Technology Survey puts the number at 30% of firms—nearly triple the 11% from 2023. But dig into the data and it's clear: most of that adoption is individual attorneys experimenting, not firms transforming. Above the Law found that while 37% of PI attorneys use generative AI personally, only 19% of PI firms have implemented it firm-wide.

That's tool thinking. Person by person. Task by task. No strategy. No scale.

The "Pilot and Evaluate" Trap

Here's what I heard too many times at LitiQuest: "We're evaluating a few tools." "We're running a pilot." "We're being thoughtful about it."

Being thoughtful is fine. Being slow is not. And "piloting" has become the corporate equivalent of "I'll start Monday."

The Axiom 2025 AI Legal Divide report found that two-thirds of legal departments remain stuck in proof-of-concept phases—perpetually evaluating but never committing. Meanwhile, 89% of in-house legal teams increased their AI usage this year, and 76% are significantly increasing AI budgets. The money is flowing. The commitment isn't.

This matters because AI benefits compound. The Thomson Reuters 2026 State of the Legal Market report found that firms with a formal AI strategy are 3.9 times more likely to see critical benefits than those without one. Legal tech spending grew 9.7% in 2025—the fastest real growth the industry has likely ever seen. Every quarter a firm spends "evaluating," the firms that already committed pull further ahead.

You can catch up on technology. You can't catch up on the culture you build around it.

The Winners Are Redesigning the Org Chart

The firms I was most impressed by at LitiQuest weren't talking about AI products. They were talking about AI roles.

They've moved past "which AI tool should we buy?" and into "where does AI sit in our operation?" They're assigning AI responsibilities the same way they'd assign work to a new hire. Intake qualification. Provider identification. Record organization. Initial case evaluation. These firms aren't using AI to assist with tasks—they're delegating tasks to AI the way you'd delegate to a paralegal or associate.

The Thomson Reuters Future of Professionals Report puts a number on the potential: legal professionals expect AI to free up 240 hours per year—up from 200 hours in 2024—worth an average of $19,000 per professional. Across the U.S. legal sector, that's a $32 billion combined impact. But here's the key: those hours only materialize if firms actually hand off work, not just speed it up.

The firms at LitiQuest that got this were also the ones most focused on embedded AI—AI built into the case management systems, intake platforms, and records workflows they already use. Not a new tab to open. Not another login. AI that's just there, doing its job, the same way electricity runs through the building. You don't think about it. You just expect it to work.

The Real Question

The session that stuck with me most at LitiQuest wasn't about technology at all. It was about identity. About what kind of firm you want to be in three years, and whether your decisions today match that vision.

The question most firms are asking is: "What can AI do?"

The question they should be asking is: "What should only humans do?"

That reframe changes everything. Instead of looking for places to add AI, you look for the work that actually requires human judgment—client relationships, courtroom strategy, empathy, ethical decision-making—and protect that. Everything else becomes a candidate for delegation.

The firms that make this shift aren't just faster. They're structurally different. They have higher throughput, lower overhead, and teams that spend their time on the work that actually matters.

The Bottom Line

LitiQuest 2026 made one thing clear: the AI conversation in legal has fundamentally shifted. The debate is over. The only question now is speed and depth of commitment.

Half the firms in that room will figure this out. The other half will spend the next three years "evaluating" while the industry restructures around them. The dividing line isn't budget, firm size, or technical sophistication. It's mindset. Tool thinking or team thinking. That's the whole game now.

Sources: Clio 2025 Legal Trends Report, Thomson Reuters / Georgetown 2026 State of the US Legal Market, Thomson Reuters Future of Professionals Report 2025, ABA 2024 Legal Technology Survey, Above the Law: PI Lawyers Lead on AI, Axiom 2025 AI Legal Divide Report, CLOC 2025 State of the Industry Report. Conference details from LitiQuest 2026.