The legal profession stands at a crossroads where cutting-edge artificial intelligence meets centuries-old principles of client confidentiality. On one hand, AI tools offer unprecedented efficiency in legal research, document drafting and case management.
On the other hand, they also present significant risks to the confidential information that forms the bedrock of the legal relationships. For clients seeking legal support, understanding how AI affects their confidential information has never been more crucial.
The risks of AI in legal practice
Modern generative AI (GenAI) systems pose unique threats to client confidentiality. Legal practitioners using GenAI need to understand whether the GenAI systems that they are using are “self-learning” and will thus send confidential client information as feedback.
Many popular AI platforms use client inputs to train their models, potentially storing sensitive legal information indefinitely and making it accessible to other users. Some AI tools may compromise client confidentiality by:
- Retaining conversation histories
- Creating backups on external servers
- Sharing data with third parties for improvement purposes
When legal practitioners input confidential information into these systems, they risk violating their ethical duties and potentially compromising their clients’ cases.
Essential questions for clients
Given these risks, clients should take an active role in understanding how their legal teams use AI. Here are three critical questions every client should ask their legal representative:
First, “Do you use AI to do any work on cases?” This fundamental question establishes whether AI plays any role in legal intervention. Understanding a legal team’s general approach to AI technology will help clients assess potential risks to their confidential information.
Second, “Will my case be using any AI?” This more specific inquiry focuses on a client’s particular matter. Some legal teams may use AI for certain types of cases but not others.
Third, “How do you keep my information private?” This question requires a legal team to explain their data protection measures. A responsible team should be able to describe specific steps taken to help ensure client information remains confidential when AI tools are employed.
The intersection of AI and legal practice will continue evolving as technology advances and regulations develop. Clients whose cases have been compromised due to any reckless practices from their legal team have the right to seek justice for the derailment of their case.