Industry leaders predict that 2026 will mark a turning point in how artificial intelligence reshapes legal services, from broader associate adoption and use of AI in back‑office operations to courts confronting AI‑generated evidence and a surge of AI‑related litigation. While some experts warn of an unsustainable “AI bubble” and uneven ROI across the market, others anticipate meaningful gains as firms refine workflows, experiment with autonomous tools, and integrate AI more deeply into legal drafting and analysis.
Frank DeCosta, partner and co-lead of the firm’s AI + Finnegan practice, stated, “Over the next year there will be an increased focus on the role of proper AI prompt hygiene to protect IP. Prompts can embody creative thought, strategic reasoning, and proprietary know-how. As such, prompts themselves may qualify as trade secrets and serve as evidence of the development of trade secrets or inventions that may be patented. In some use cases, AI prompts provide the modern equivalent of information that was once recorded in inventor notebooks. They can also provide evidence of a human in the loop, supporting IP protection eligibility under the current case law. While we have traditional guidance to inform proper hygiene, expect more attention from the courts as these issues are litigated.”
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