Generative AI And Legal Privilege: What Boards Need To Know

Generative AI is already part of how many organisations work, and staff will increasingly turn to it to assist with their work, even in businesses that have not officially addressed its use.

Directors are being asked to balance the gains associated with generative AI against legal and regulatory risk.

One area that presents particular challenges is legal professional privilege. If privilege is inadvertently lost then sensitive material may need to be disclosed to opponents in the event of litigation.

This article considers potential risks in this evolving area of law. Although it does not consider the law of any specific jurisdiction, the types of privilege discussed in this article are based on the law of England and Wales. They will be relevant to many commonwealth jurisdictions, including those in which Collas Crill operates.