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NLJ this week: Legal privilege in the era of gen AI

29 November 2024
Issue: 8096 / Categories: Legal News , Artificial intelligence , Privilege , Procedure & practice , Technology
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How does legal privilege apply to the use of generative artificial intelligence (gen AI) by lawyers? In this week’s NLJ, Olivia Dhein, knowledge lawyer at RPC, and Ben Roe, lead knowledge lawyer at Baker McKenzie, highlight some overlooked risks and consider various workplace scenarios.

The authors set out the opposing schools of thought on working papers, suggesting a cautious approach, and address the complex issue of ownership of the client file. As well as exploring practical considerations, they discuss how the law of privilege may need to evolve.

Dhein and Roe write: ‘New types of documents are being created—both user prompts and AI responses—which are not catered for under the existing law of privilege.’ 

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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