Over the past year, we have seen a noticeable uptick in pro se litigation — cases in which the person bringing the lawsuit chooses to represent themselves without legal counsel. While pro se lawsuits are not new, their increasing frequency is introducing new challenges for businesses, HR professionals, and in-house legal teams alike.

One key driver behind this trend appears to be increased access to artificial intelligence (AI) tools, including free or low-cost platforms that assist individuals in drafting legal complaints, researching legal claims, and navigating procedural requirements. These tools often provide enough structure to help non-lawyers get their cases filed and into court, and they are becoming more sophisticated as time goes on.

Legal representation can also be expensive, and many people believe they can present their cases just as effectively as an attorney would. Oftentimes this leads to some individuals underestimating the complexity of employment litigation, which has strict deadlines and pleading requirements. Even with access to AI tools, pro se litigants may not know what questions to ask or how to navigate these legal standards — something experienced litigators can use to their advantage.

Challenges for Employers

Pro se litigants — particularly when litigating employment claims — create unique procedural and strategic issues that employers must be prepared to navigate. These include:

• Lack of legal knowledge: Self-represented plaintiffs often do not follow procedural rules, file incomplete or confusing pleadings, or fail to respond to motions and discovery. Federal courts are required to give them more leeway, which can prolong litigation and increase costs, but experienced counsel should know how to leverage this lack of understanding.
   
• Communication difficulties: Engaging directly with pro se parties — especially in early settlement discussions — can be tricky. Oftentimes their case is more personal to them and they do not have an accurate understanding of their case’s valuation or risk.
   
• Increased discovery burdens: Pro se litigants may use AI tools to generate broad or burdensome discovery requests, even if they lack relevance or legal grounding.
   
• Harder-to-predict strategies: Without an attorney guiding them, pro se litigants may take unpredictable approaches, complicating defense planning and case strategy.

Best Practices for Employers

To effectively manage this trend, employers and their counsel should consider the following steps:

1. Take pro se lawsuits seriously. While these cases may seem less threatening at first glance, some contain viable legal claims and must be addressed promptly and professionally.
    
2. Maintain clear documentation. Well-documented employment actions (disciplinary records, performance reviews, and separation notices) are especially important when a judge or jury is evaluating credibility between a company and an unrepresented individual.
    
3. Treat self-represented parties with respect. Courts expect employers to act professionally and in good faith, even when the other side lacks legal training. Patronizing or overly aggressive responses can backfire.
    
4. Be prepared for unusual filings. Employers should not be caught off guard by AI-generated pleadings or documents that appear sophisticated but lack legal foundation. Also, don’t be surprised if you get incorrect filings like a “Motion to Dismiss Defendant’s Motion to Dismiss.”
    
5. Explore early resolution. If the claim is minor or the plaintiff is seeking limited damages, consider whether early mediation or settlement may be the most efficient path forward.

Looking Ahead

The increasing use of AI in legal processes is not inherently negative — greater access to justice is a positive development. However, it does mean that employers need to be more vigilant and better prepared to address legal complaints that may emerge from unexpected corners.

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