Preserving Privilege in the Age of AI: Risks and Best Practices for Using Common Business Tools

Lawyers and clients increasingly use generative AI chatbots, videoconferencing platforms, transcription services, and other AI-enabled business applications in their daily work. These tools have the potential to create significant risks for the preservation of attorney-client privilege and work-product protection when confidential communications or legal strategy are recorded, transcribed, disclosed, or processed by third-party systems. In other cases, work performed without lawyer involvement may not be protected at all. This program will examine practical steps lawyers can take to preserve privilege and work-product protections, emerging judicial decisions addressing these issues, and examples of how the improper use of AI tools can expose sensitive information or create damaging evidence in litigation.