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ARTICLE · 22 JANUARY 2025

Augmented Advocacy Series (Bermuda): AI And Legal Privilege

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The dramatic rise in the use of artificial intelligence in the legal sector raises issues around legal professional privilege, the concept under English law ― and adopted under Bermuda law...

BermudaTechnology
Ligaya Sanchez-Wilson
Ligaya Sanchez-Wilson
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With that rise, it is crucial that lawyers assess the risks associated with sharing privileged information with AI tools, such as automated drafting services, chatbots and e-discovery tools.

This article explores the use of AI tools in connection with privileged information and the possible implications on disclosure in litigation.

Under English law, there are two primary categories of LPP: legal advice privilege and litigation privilege.

Legal advice privilege protects confidential communications between a lawyer and their client which occur for the purpose of giving or receiving legal advice.

Litigation privilege, on the other hand, applies to documents created or communications that occur specifically in the context of contemplated litigation.

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