Expensive lawyers have better relationships with opposing parties, have more and better legal research both already on hand and available to be done, with more and smarter people doing research, with more and more experienced people available to consult, and may hire outside consultants when the situation calls for it.
They can also better afford to play dirty in various ways, from burying you in discovery documents to dragging things out with various motions.
And in general, yes — they often also have at least slightly smarter lawyers (and more eyes on the case). That doesn't mean cheaper lawyers are dumb, and there are smart lawyers out there who aren't incredibly expensive, but the average intelligence goes up noticeably as you interact with more expensive firms (which tracks, because they hired people with the top performance in and possibly after law school).
AI may close the gap on some things, but not others.
FYI, even lawyers who represent themselves generally don't do well, no matter how smart they are or how much experience they have in that area. But that's not because the judge wants them to pay into the cartel -- it's because law is hard, there are a million factors affecting performance on a particular case, and one major factor is ability to keep perspective on your case. People are uniformly terrible at this when looking at their own cases.
They can also better afford to play dirty in various ways, from burying you in discovery documents to dragging things out with various motions.
And in general, yes — they often also have at least slightly smarter lawyers (and more eyes on the case). That doesn't mean cheaper lawyers are dumb, and there are smart lawyers out there who aren't incredibly expensive, but the average intelligence goes up noticeably as you interact with more expensive firms (which tracks, because they hired people with the top performance in and possibly after law school).
AI may close the gap on some things, but not others.
FYI, even lawyers who represent themselves generally don't do well, no matter how smart they are or how much experience they have in that area. But that's not because the judge wants them to pay into the cartel -- it's because law is hard, there are a million factors affecting performance on a particular case, and one major factor is ability to keep perspective on your case. People are uniformly terrible at this when looking at their own cases.