Lex Machina Says AI Drove Pro Se Share to 16% of 2025 Federal Employment Suits

1 articles · Updated · Virginia Lawyers Weekly · Aug 3

More than 16% of federal employment lawsuits in 2025 were filed by unrepresented plaintiffs, up from under 10% in 2021, according to Lex Machina’s 2026 Employment Litigation Report.
AI appears to be a key driver: Virginia employment lawyers said large language models are helping more workers file within the EEOC’s 90-day right-to-sue window and produce more polished complaints.
Pro se plaintiffs still fared poorly, losing on the merits by more than 40 to 1 against defendants; Lex Machina said procedural failures such as missed deadlines and unexhausted remedies often sank cases.
Declan Leonard said the shift is changing litigation strategy, with judges showing less patience for AI-assisted pro se filings and defense lawyers seeking litigants’ AI-use history in discovery.
Tom Spiggle said AI can get would-be clients “about 80% there” but remains convincingly wrong too often, suggesting access may be improving faster than case outcomes.