Apr. 9, 2026
The delicate balance of generative AI with the duty of confidentiality
As AI tools become increasingly integrated into litigation, recent cases like Heppner, Warner, and Morgan highlight the evolving questions of whether client- or attorney-generated AI work is protected by attorney-client privilege or the work product doctrine.
As AI tools become increasingly embedded in litigation practice--used to search transcripts, summarize depositions and analyze legal authority--a threshold question emerges: are those interactions protected by the attorney-client privilege or the work product doctrine? Lawyers considering the implementation of AI into their workflows should monitor this developing area of the law.
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