Legal Risks of Generative AI: Attorney-Client Privilege and Work Product Protections
By
Michael Ott
Summary
This article discusses the legal risks associated with using generative AI tools (ChatGPT, Claude, Harvey, Microsoft Copilot) in legal practice, specifically regarding attorney-client privilege and work product protections. It highlights a recent court case (United States v. Heppner) where a federal court denied privilege protection for documents created using AI tools, demonstrating that courts are beginning to address these issues but have not reached consistent conclusions. The article warns legal professionals about the unexpected risks to privileged information when using AI without careful consideration.
Source
bskyLegal Risks of Generative AI: Attorney-Client Privilege and Work Product Protectionsjdsupra.comKey quotes
· 4 pulledGenerative AI tools like ChatGPT, Claude, Harvey, and Microsoft Copilot are increasingly being used to research legal questions, review documents, summarize information, and draft content.
While these tools can be helpful, their use can also create unexpected risks to attorney‑client privilege and work product protections if not used carefully.
Recent court decisions have begun to address these risks, and they have not all reached the same result.
In U.S. v. Heppner, a criminal case, a federal court held that documents a defendant cre
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