AI and the Law Episode 17 - AI and Disclosure
Oct 21, 2025
Tom Whittaker, Director and Solicitor Advocate at Burges Salmon LLP, delves into the nuanced intersection of AI and disclosure management. He explains how AI can enhance the disclosure process through text analysis and categorization while cautioning about the risks of inadvertent privileged disclosure. Whittaker also discusses the complexities of litigating large computer systems, the importance of technical literacy for lawyers, and the evolving legal landscape surrounding AI. With a hopeful outlook, he rates his optimism for AI's role in law as a 10, emphasizing its potential while acknowledging necessary safeguards.
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Episode notes
Disclosure Is A Multi-Stage Legal Process
- Disclosure requires identifying, preserving, collecting, searching, reviewing and producing documents under relevance tests.
- Parties must cooperate and explain their approach and outputs to each other and the court.
Use AI As A Multi-Tool, Not A Silver Bullet
- Use AI as a toolbox across stages: classification, categorization, text analysis and agentic orchestration.
- Combine AI tools with human review rather than expecting a single silver-bullet solution.
Prevent Inadvertent Privilege Disclosure
- Identify near-duplicates and use technology-assisted review to reduce inconsistent privileged disclosures.
- Don’t rely solely on automated redaction; mitigate risks by shaping collection and processing upstream.