Protecting Attorney-Client Privilege When Lawyers Use AI: Control the Disclosure, Keep the Record
When a lawyer pastes privileged material into an external AI tool, the concern is disclosure to a third party and the risk that raises to attorney-client privilege and work-product protection. Privilege determinations belong to courts and counsel. What a firm controls is which privileged content reaches which model endpoint, and whether there is a record of it. Both are decisions on the AI request path.