There are problems with legal technology vendors promoting Gen AI products without ensuring sufficient confidentiality protection for sensitive materials. Many vendors and law firms agreed to Microsoft’s Azure OpenAI Service terms and conditions, which contained a loophole that could potentially leave privileged information vulnerable to third-party scrutiny.
The possibility of manual review may compromise the privacy of client information. Lawyers must exercise due diligence when utilising such products and take reasonable steps to safeguard client data.
The ABA Ethical Opinion and Kentucky State Opinion E-437 provide recommendations on how attorneys should scrutinize a vendor’s qualifications, reputation, and longevity, as well as examine their security policies and procedures.
Source: Techlaw crossroads
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