Intellectual Property Blog

Claude Isn't Your Lawyer, and the Information You Share with It Isn't Privileged

Generative artificial intelligence (“AI”) tools like Claude, ChatGPT, and Gemini are heavily relied on by people in everyday life. In a lot of ways, they have replaced Google or other general search engines. It is no surprise, therefore, that people now turn to these same tools to answer legal questions. Sometimes those questions are personal and contain facts and information that the person would not share with anyone but an attorney. They may be admissions of guilt or liability or even information that suggests future wrongdoing, and when shared with a person’s attorney, they are privileged. The other side in a legal proceeding does not have any rights to privileged information, but is that the case where the information is submitted to generative AI tools? An answer is beginning to emerge, and it should give all who use these tools pause: prompts and questions submitted to generative AI tools are not privileged. Other parties involved in future litigation and even the police or investigative bodies can likely read everything submitted to those online tools, which are quickly becoming a trap for the unwary.  More >