Client Beware: The Utilization Of Artificial Intelligence Platforms And The Potential Waiver Of Attorney-Client Privilege

The rapid evolution of digital technologies has ushered in a new era for the legal profession—one characterized by both unprecedented promise and intricate new hazards. As practitioners and clients alike become more reliant on artificial intelligence, questions abound regarding the traditional boundaries of confidentiality and privilege that have long served as the bedrock of attorney-client relationships.

The accelerated adoption of machine learning (ML), large language models (LLM) and artificial intelligence (AI) has engendered significant transformation within the legal profession, offering new efficiencies but also introducing complex challenges with respect to confidentiality obligations and evidentiary attorney-client privileges. Among the most pressing of these is the effect of AI platforms on the sanctity of attorney-client communications and the attendant risk of inadvertently waiving the attorney-client privilege by clients.