Litigation Notes

New position statement on judicial use of AI

Litigation developments: England and Wales – Quarterly update

Lawyer struck off in first disciplinary case on AI misuse

The decision makes it very clear that the consequences for lawyers who breach their professional obligations by misusing AI are likely to be serious.

A witness's own use of AI to prepare for cross-examination may amount to prohibited witness coaching

UK Jurisdiction Taskforce publishes final legal statement on liability for AI harms

Civil Justice Council publishes update on consultation responses regarding use of AI for preparing court documents

High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications

US courts find privilege applies to use of public AI tools by self-represented litigants

Litigation developments: England and Wales – Quarterly update

Upper Tribunal observes that uploading confidential documents into open-source AI tools waives client confidentiality and legal privilege

Using AI in disclosure: A roundtable discussion

Andrew Moir of HSF Kramer comments on the evolving role of AI and GenAI in the disclosure context.

New York court finds client chats with generative AI tool Claude are not privileged

The decision contains important lessons, but the analysis may not be identical under English law.