One way smart contracts could still prove useful is by changing the position parties are in prior to any lawsuit.
Suppose we agree that in two weeks, you are to pay me $1000. Then suppose that some dispute develops between us as to whether the payment is still owed in full, so you refuse to pay.
If we merely had a standard contract, I would need to sue you, and the burden of proof would be on me to show that I am entitled to payment of the full sum.
If we had a smart contract, the payment would execute automatically, and you would have to sue me, and the burden of proof would be on you to show that you are entitled to recover the sum.
So even in a world where a smart contract has the exact same effect on legal duties as a standard contract[1], it could still let parties reallocate counterparty risk. There are of course other mechanisms for reallocating those risks, like escrow services. How smart contracts compare to those seems like a great area for economic and legal research.
[1] A doubtful proposition, since parties to a smart contract have manifested some intention to be bound to at least some extent by the mechanics of the smart contract platform. A court will have to consider that as a factor in discerning the true intentions of the parties.