"AI Notetakers: Best Firm Practices To Avoid Attorney-Client Privilege, Cybersecurity, Privacy, And Confidentiality Issues"

Artificial Intelligence tools continue to permeate every aspect of professional business operations, from drafting emails to organizing calendars, and now, attending attorney-client meetings in lieu of their real-life counterparts. The use of AI tools in sensitive legal environments raises concerns about the accuracy and reliability of the information captured and transcribed by these tools, and about the confidentiality obligations of the attorney-client relationship. While clients are not required to understand the ethical requirements imposed by the Model Rules of Professional Conduct, attorneys must always be aware of how new technologies impact their practices. Rule 1.6 of the Model Rules of Professional Conduct establishes the foundation for the client-lawyer relationship and states that “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to