ABOUT THIS EPISODE
In this episode, Senior Associates Alex Church and Oliver Sutton discuss how artificial intelligence is transforming litigation practice. They explore emerging disclosure requirements, the risks associated with AI-generated content, the growing prevalence of deepfakes, and the practical ways AI is improving efficiency for lawyers, courts and businesses.
[00:05] Alex and Oliver introduce the key developments shaping AI's role in litigation. They discuss emerging disclosure obligations in New Zealand and overseas, recent court guidance, and why businesses should be paying close attention to changing expectations around AI governance and accountability.
[05:06] The discussion turns to the growing use of AI by self-represented litigants and the challenges this creates for courts and opposing parties. They include several New Zealand cases involving fabricated authorities and hallucinated case law, along with the Supreme Court's warning that misuse of AI in legal proceedings can have serious consequences.
[07:58] Alex and Oliver review recent overseas cases where lawyers have faced fines, disciplinary action and even disqualification for relying on AI-generated content without proper verification. They emphasise that responsibility extends beyond junior lawyers to supervising practitioners and law firms as a whole.
[12:05] Oliver highlights how AI-generated evidence and the increasing risk posed by deepfakes in both commercial and personal disputes. Exploring examples from New Zealand and overseas and explain why authentication and verification of electronic evidence are becoming critical components of dispute resolution.
[14:24] Alex and Oliver highlight the significant efficiencies AI can deliver when used appropriately. They discuss applications including document review, case assessment, disclosure analysis, legal strategy testing and improving access to justice, all while stressing the importance of human oversight and professional judgment.
[17:27] They share three practical recommendations: stay informed about developing disclosure requirements, take deepfake risks seriously through strong governance and verification processes, and embrace AI where it meaningfully improves efficiency and outcomes. The overarching message is clear: AI is a powerful tool, but accountability remains with the user.
Information in this episode is accurate as at the date of recording, 3 August 2026.
Please contact Alex Church, Oliver Sutton or our Litigation team if you need any legal advice and guidance on any of the topics discussed in the episode.
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