Is Generative AI Going To Undermine Attorney-Client Privilege

A fundamental principle in the attorney-client relationship is that, in the absence of the client’s informed consent

“A lawyer shall not reveal information relating to the representation of a client ” Rule 1.6 model rules of professional conduct

An American Bar Association resolution urges courts and lawyers to address the emerging ethical and legal issues related to the usage of AI in the practice of law including:

(1) bias, explainability, and transparency of automated decisions made by AI;

(2) ethical and beneficial usage of AI; and

(3) controls and oversight of AI and the vendors that provide AI.

Additionally lawyers have a duty to:

“keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject” 

Large Language Models allow lawyers to work with greater efficiency and accuracy while reducing their costs. However, Lawyers should carefully consider the potential risks and their ethical obligations to their clients.







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