ATLA President Jessica Mallett on Tort Reform & AI in Law

Mallett is the managing partner of Miller & Mallett in Little Rock. (Provided)

How would you respond to the argument that tort reform would help the state attract more economic development?

Tort reform improving the business climate in Arkansas is a fallacy perpetuated by insurance companies to increase their profit margins. Studies have shown that states that have passed strict tort reform measures have similar premiums to states that have not passed tort reform. In some states, like Oklahoma, premiums actually increased when damages caps were passed. Contrary to what the insurance industry is telling us, lawsuits are not what drive rate increases. Rising costs of property damages payments from natural disasters combined with corporate greed are the largest drivers of rate increases. Tort reform, or the taking away of the rights of people who have been severely injured or killed because of the carelessness of someone else, is not the way to drive economic growth in Arkansas.

How has the role of the trial lawyer changed with the rise of alternative dispute resolution?

Trial lawyers frequently use mediation as a tool to try to resolve cases. We have never been opposed to alternative dispute resolution, as one of our main goals is to help our clients resolve their cases. What we are opposed to is hiding binding arbitration agreements in terms and conditions no one reads which cannot be changed, such as user agreements in apps or even things like a bank agreement when you open an account. The American Association for Justice has been working on passing the FAIR Act to end this pract.

Do you use artificial intelligence in your practice? And if so, how?

Not really. I tried using it once to find an answer to a legal question I had been researching for hours. ChatGPT popped out a statute, and I couldn’t figure out how I missed it. I hadn’t. It didn’t exist. I haven’t trusted AI since.

Your father was a trial lawyer. What lessons did you learn from him that you use in your practice and life today?

I learned the importance of being prepared. During a trial, you can’t change the facts of a case and you can’t change what the law is. What you can control is how prepared you are and how well you know the case. My father, having been on the Professional Conduct Committee for more than a decade, also instilled in me a strong sense of ethics and doing the right thing.