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AI Chatbots Risk Legal Privilege, Lawyers Warn
15 Apr
Summary
- AI chatbot use in litigation may waive attorney-client privilege.
- A Manhattan judge ruled AI-generated defense documents aren't privileged.
- US law firms urge clients to use closed AI systems cautiously.
US law firms are issuing critical advisories to clients regarding the significant legal risks of employing AI tools during litigation. Communications with AI chatbots, including popular platforms like ChatGPT and Claude, are not covered by attorney-client privilege. This means such conversations could potentially be disclosed to opposing parties or prosecutors.
These warnings follow a pivotal February ruling by US District Judge Jed Rakoff in New York. The judge mandated the disclosure of 31 documents generated by Anthropic's Claude, which were used by the former chair of GWG Holdings in his criminal defense preparation. Judge Rakoff stated that no attorney-client relationship can exist between an AI user and platforms like Claude.
Consequently, many major US law firms are now recommending clients utilize closed, corporate AI systems over consumer-facing chatbots. They also advise clients to explicitly note when AI research is conducted at a lawyer's direction to mitigate potential risks in ongoing or future legal proceedings.
