Navigating Legal Privilege Issues When Using AI

The recent explosion in artificial intelligence adoption in the workplace has led to the creation of whole new categories of documents, in the form of prompts and artificial intelligence outputs, as well as more traditional documents that are based on AI outputs.¹

These documents, like any others, may be susceptible to disclosure in legal proceedings, unless protected by privilege.

Lawyers, both in-house and in private practice, are increasingly using AI to assist in providing legal services, whether through AI-enabled research tools, or to summarize large volumes of documents or streamline the drafting process. And no doubt many individuals in commercial organizations are using AI chatbots to ask questions they might once have asked their legal department or external counsel.