Privilege And AI: When AI-Generated Documents Are Not Protected
The article discusses attorney-client privilege and AI-generated documents, focusing on confidentiality concerns under US law and implications for other jurisdictions.
Two recent US cases have considered whether communications involving AI tools are protected by attorney–client privilege or the work product doctrine. While these decisions arise under US law, the principles – particularly in relation to the possible loss of confidentiality and lack of requisite purpose – are informative for other jurisdictions, including Australia.... By: Herbert Smith Freehills Kramer