Articles

AI Can Assist, But It Cannot Replace a Good Law Costs Draftsman

AI Can Assist, But It Cannot Replace a Good Law Costs Draftsman

Wednesday 10th June 2026
Sonny Welsh

There is no avoiding the conversation about Artificial Intelligence. AI is already changing the way many professional services operate. It can analyse information quickly, assist with drafting, identify patterns, summarise documents, and help streamline tasks that would previously have taken far longer.

The legal world will not be immune from that. In fact, costs work may be an area where AI becomes particularly useful. Bills of costs, budgets, schedules, time entries, narratives, correspondence, pleadings, orders, disbursement evidence and assessment documents all involve large amounts of information. Anything that helps organise, review, and process that information more efficiently has the potential to improve how legal costs work is handled. But there is an important distinction between assistance and replacement.

AI may help with the process, but should not remove the need for a good Costs Draftsman.
That is because costs drafting is not simply a data entry exercise. It is not just a matter of lifting time from a file and placing it into a bill. It is not merely filling in boxes, applying hourly rates, or producing a document that looks technically correct. A good Law Costs Draftsman does far more than that.

They understand the litigation. They understand the procedural history. They understand why certain steps were taken, where the likely challenges will come from, and how the receiving party’s position should be presented. They know that a bill of costs is not just a list of figures. It is the story of the case told through costs. And that story matters!

A paying party will rarely look at a bill and simply accept it without question. They will look for duplication, vague work, excessive time, unusual disbursements, phase issues, proportionality arguments, budget problems, conduct points, and anything else that can be used to reduce the claim.

A good Costs Draftsman anticipates those points before they are made.

That is where experience becomes difficult to replicate. It is one thing to process information. It is another to exercise judgment.

Should a particular item sit within one phase or another? Is the narrative strong enough? Does the work claimed match the assumptions in the costs budget? Is there a good reason to depart from an approved budget? Are the incurred costs vulnerable? Is the proportionality position likely to be attacked? Does the file explain why a certain step was necessary? Is a disbursement properly evidenced? Should a point be conceded early, or defended strongly? These are not always questions that can be answered by automation alone. They require context. They require judgment. They require experience of how costs disputes actually unfold.

AI may be able to help identify the material. It may assist in organising documents, summarising the file, spotting missing information, or creating a first draft of certain sections. Used properly, that can be valuable. It may save time, improve consistency, and allow costs professionals to focus more of their attention on the areas where their judgment is most needed.

But if AI is treated as a replacement for proper costs expertise, the risk is obvious. A bill may look complete but be strategically weak. A budget may appear polished but fail to reflect the realities of the litigation. Replies may sound persuasive but miss the key legal or evidential point. A proportionality argument may be answered in broad terms when what is really needed is a detailed explanation of the work undertaken. A phase may be populated neatly but incorrectly. A disbursement may be included without the evidence needed to support it.

In costs, presentation matters. But presentation without substance is vulnerable. This is especially important because legal costs are rarely assessed in a vacuum. They sit within the wider context of the litigation. The value of the claim, the complexity of the issues, the conduct of the parties, the procedural history, the offers made, the budget approved, the assumptions relied upon, the evidence obtained, and the outcome achieved can all matter.

A Costs Draftsman must be able to see the bigger picture. That is why the best use of AI is likely to be as a tool in the hands of experienced professionals, not as a substitute for them. The question should not be, “Can AI prepare a bill?” The better question is, “Can AI help a skilled Law Costs Draftsman prepare a better, more efficient, more focused bill?” There is a big difference.

Technology can help streamline the process. It can reduce repetitive tasks. It can assist with organisation. It can help ensure that important material is not overlooked. It can make the preparation of costs documents faster and more efficient. But the responsibility for the final product still requires human expertise.

A good Costs Draftsman knows when something does not look right. They know when a file needs further information. They know when a claim may be vulnerable. They know when the bill needs to be drafted in a way that tells the story more clearly. They know when a point is not just a technical objection, but a genuine risk to recovery. That experience has real value.

For Solicitors, this matters because costs recovery is not simply an administrative step at the end of a case. It directly affects profitability. It affects client outcomes. It affects cashflow. It affects the commercial reality of running litigation.

If costs are handled poorly, the consequences can be significant. A weak bill can invite unnecessary reductions. Poorly prepared replies can lose momentum. Missed arguments can damage recovery. A lack of strategy can turn an otherwise strong costs position into a difficult negotiation.

AI may make some parts of the process quicker. It will not make those strategic decisions for you.

The future of legal costs work is unlikely to be a choice between technology and people. The better future is where technology supports experienced costs professionals, allowing them to work more efficiently while still applying the judgment, care, and tactical awareness that costs recovery requires.

That is where real value lies.

At Smart Legal Costs Solutions, we understand that costs drafting is not simply about producing a bill. It is about understanding the case, anticipating the challenge, and presenting the costs claim properly.

AI may assist the process. But a good Law Costs Draftsman remains essential!

Smart Legal Costs Solutions
Legal Costs - A Smarter Way