Numerous law firms issued alerts discussing recent court decisions addressing whether communications with generative AI tools may be protected by the attorney-client privilege or work product doctrine. In one widely publicized decision, the US District Court for the Southern District of New York held that a defendant’s communications with an AI tool about his legal defense strategy were not protected by either doctrine. In analyzing the elements of privilege and work product protection in light of the facts, the court highlighted risks associated with sharing sensitive legal information with AI systems.
The decision prompted abundant law firm and other commentary and practical guidance on the use of AI in legal matters. Firm memos discuss the ruling and its implications, including steps lawyers and companies may consider when using AI tools in their legal work. Notably, another recent decision from a federal court in Michigan (discussed here and here) reached a different outcome, finding that AI-assisted litigation work product was protected.