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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll