header-logo header-logo

Privilege risks in the gen AI era

199161
Olivia Dhein & Ben Roe explain how lawyers should think about privilege when using gen AI tools
  • Considers how legal privilege applies to the use of gen AI by lawyers, and explains that new types of documents are being created which are not catered for under the existing law of privilege.
  • Highlights that confidentiality risks are relatively easy to navigate, but issues such as the communication requirement and in particular the working papers rule are key factors to consider.
  • Goes on to explore practical considerations for lawyers who create material using AI, as well as discussing the future of privilege and how the law may need to evolve.

The use of generative artificial intelligence (gen AI) by lawyers raises new questions about legal professional privilege. New types of documents are being created—both user prompts and AI responses—which are not catered for under the existing law of privilege.

Most commentary on this topic has focused on confidentiality, but other aspects of privilege represent

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll