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29 November 2024
Issue: 8096 / Categories: Legal News , Artificial intelligence , Privilege , Procedure & practice , Technology
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NLJ this week: Legal privilege in the era of gen AI

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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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