AI and legal professional privilege

Lauren Separovich and James Shiel continue their discussion on how artificial intelligence is impacting legal professional privilege, comparing developments in Australia and the United Kingdom. They examine differences and similarities in judicial language, the evolving distinction between open and closed AI, emerging procedural responses and the practical risks facing litigators, including disclosure, governance and the use of AI in legal workflows.

Lauren Separovich and James Shiel discuss how artificial intelligence is impacting legal professional privilege, with a focus on how the issue is being approached in both Australia and the United Kingdom. They explore key similarities and differences in legal frameworks, significant Upper Tribunal commentary from the UK, emerging Australian judicial consideration, and the risks associated with using public AI tools when handling confidential information. 

Catie Moore and Lauren Separovich discuss how Australian courts and regulators are responding to the growing use of AI in legal practice and what it means for legal professional privilege. They explore recent Family Court decisions, emerging judicial commentary, and key developments, including the Victorian Law Reform Commissions’ report on the use of AI in courts and tribunals. The episode also highlights the risks of using generative AI tools and the current approach to maintaining confidentiality when engaging with AI.

Catie Moore and Lauren Separovich discuss the growing intersection between AI and legal professional privilege, including recent developments in Australia and overseas. They explore the risks of uploading confidential information to open AI platforms, emerging court decisions, and considerations for lawyers and clients when using AI.