Generative AI Use Poses Threats to Attorney-Client Privilege

One of generative AI’s most powerful features—the ability to learn from the questions humans ask—make it a minefield for attorneys trying to use the technology while protecting confidential and privileged client information.

Privilege covers certain confidential communications between attorney and client when the client is seeking legal advice. Privilege can be waived if information is disclosed to an outside party—meaning the communication might not be protected from discovery by the other side during litigation, for example.

Public-facing generative AI models, like ChatGPT’s free version, 3.5, pose a tangible threat to confidential information: The models could repeat information in one user’s ...