Business Litigation group partner Ian Clarke-Fisher was featured in a two-part episode of Hall & Wilcox's Smarter Lawcast podcast, joining host Lauren Zaparovic, Special Counsel at Hall & Wilcox, for an in-depth discussion on the evolving relationship between artificial intelligence (AI), legal professional privilege, and litigation practice in the United States and Australia.

Across the two-part series, Ian and Lauren explored how courts, regulators, and legal professionals are responding to the rapid adoption of AI and the questions it raises regarding attorney-client privilege, confidentiality, work product protections, and ethical obligations. The discussion compared emerging approaches in the United States with guidance and developments in Australia, highlighting the challenges courts face as technology evolves faster than legal precedent.

In the first episode, Ian provided an overview of attorney-client privilege and the work product doctrine under U.S. law, discussed the growing role of AI in day-to-day legal practice, and examined the widely discussed United States v. Hepner decision. He noted that AI has quickly become a common tool for lawyers, clients, and litigants and compared its emergence to the early development of electronic discovery practices.

The second episode focused on subsequent U.S. decisions that have addressed AI-related privilege issues, including cases involving self-represented litigants and commercial disputes. Ian discussed how courts have increasingly analyzed AI use through a practical, fact-specific lens, weighing issues such as confidentiality, legal supervision, and the role of AI as a litigation support tool. The conversation also examined judicial guidance emerging in both countries and considered how lawyers and clients can navigate the opportunities and risks associated with AI adoption.

Looking ahead, Ian observed that AI is already playing a significant role in legal practice and is likely to become even more integrated into how lawyers and clients approach litigation and dispute resolution. Throughout the discussion, he emphasized the importance of thoughtful, responsible AI use as courts continue to develop frameworks for addressing privilege, confidentiality, and accountability in an increasingly technology-driven legal environment.

The two-part series is available through Hall & Wilcox's Smarter Lawcast podcast.