Governance
AI Legal Privilege
Questions about whether attorney-client privilege applies to AI-assisted legal work.
Definition
AI Legal Privilege addresses whether traditional attorney-client privilege protections apply when AI is involved in legal communications and work product. Key issues:
- Third-party disclosure: Does sending privileged information to AI systems waive privilege?
- Work product doctrine: Does AI-generated legal analysis qualify as protected work product?
- Common interest: How do AI tools affect common interest privilege arrangements?
- Vendor relationships: Structuring AI vendor relationships to preserve privilege
Best practices emerging:
- Using enterprise AI deployments with appropriate confidentiality protections
- Contractual provisions with AI vendors addressing privilege
- Documentation of privilege considerations in AI use policies
- Bar guidance on ethical AI use in legal practice
Sources
- •Attorney-Client Privilege
- •Work Product Doctrine
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