Privilege + AI
Attorney-client privilege + AI = a moving target. We're not there yet.
But: this isn’t the first time legal tech has raised this question:
→ Email was going to waive privilege. (It didn’t.)
→ Online research raised concerns. (We adapted.)
→ Cloud storage seemed risky. (We figured it out.)
I believe AI will follow a similar path.
With the right security and governance, using AI in the course of legal work shouldn’t automatically waive privilege.
But the rules are still catching up, and there’s real uncertainty here, in the messy middle.
My take? We need to build strong governance and clear protocols now, so we’re ready when the standards settle.
We’ve adapted before, and we’ll do it again. For now? Caution (and always and forever keeping in mind the various, applicable ethics rules and obligations) is key.
♥️🔥✌🏻