We Published An Article About This In The Daily Journal.

A federal judge in the Southern District of New York has ruled that a client’s legal research using his subscription to an AI platform was not protected by attorney-client privilege, nor by the work-product protection. The client was not an attorney, and the research was not conducted at the direction or behest of the attorney. And the AI program was not an attorney. When a client gives his attorney information that is not protected by attorney-client privilege or work-production protection, it does not convert non-confidential information into confidential information.

We thought that at a time when everyone is turning to AI in order to become their own expert, the confidentiality issue would be of interest to attorneys, mediators, arbitrators, and clients. We are making a copy of our article available here.