Artificial intelligence (AI) has quickly become part of everyday life. More and more people are using tools such as ChatGPT, Microsoft Copilot and Gemini to answer questions, summarise documents and draft emails.
At our firm, we are increasingly seeing clients use AI during their legal matter. Whilst AI can be a helpful tool, like any technology, it also comes with risks that may not yet be appreciated.
Be mindful that AI conversations may become relevant to your legal matter
When you are involved in legal proceedings, documents and communications you create may be discoverable or otherwise relevant to your case. This can include emails, text messages, notes, diary entries and records created using AI tools.
If you use AI to summarise events, record your recollection of what occurred, generate documents or analyse aspects of your matter, those records may become relevant evidence. AI tools can also rephrase information, make assumptions or introduce inaccuracies. This can create difficulties if inconsistencies arise between AI-generated content and your instructions to your legal team.
Could using AI affect legal privilege?
Legal professional privilege is an important protection that allows clients to communicate openly with their lawyers.
Once privileged information is disclosed to a third party, the protection of legal professional privilege may be lost. The consequences can be significant, particularly if confidential legal advice becomes accessible during the course of litigation.
If you upload documents or advice from your lawyer into an AI platform, then you may waive legal professional privilege. This means that if the other side in a matter issues a subpoena that allows them to look at your AI chats or documents, they could gain access to confidential advice which may, for example, contain advice about the weaknesses of your case.
Before uploading any document into an AI platform, ask yourself:
- Was this document created by my solicitor or barrister?
- Does it contain legal advice?
- Does it include confidential medical records or expert reports?
- Would I be comfortable if someone outside my legal team had access to this information?
If the answer to any of these questions is yes, you should not upload the document to a public AI platform.
Not all AI platforms offer the same level of protection
There is an important distinction between publicly available consumer AI tools and enterprise-grade AI platforms.
Enterprise AI services often provide stronger contractual privacy protections, greater administrative controls and settings that allow organisations to prevent customer data from being used to train AI models. However, the level of protection varies significantly between providers and depends on the contractual arrangements and configuration settings.
For that reason, if you do use AI in connection with your legal matter, we recommend using an enterprise-grade platform with appropriate privacy and security protections rather than a consumer platform.
Even then, enterprise AI is not risk-free. You should still avoid uploading confidential legal advice, privileged communications or evidence such as medical records.
AI-generated emails can increase legal costs
One trend we are seeing is clients using AI to draft lengthy emails. While AI often produces polished writing, it can also generate repetitive, overly detailed or irrelevant content.
Every email your legal team receives must be read, considered and, where necessary, responded to. A five-page AI-generated email may take considerably longer to review than a concise email setting out the key issues. As a result, this will increase legal costs in your matter.
In most cases, a short email identifying your questions or concerns is far more helpful than several pages of AI-generated text.
Our recommendations
If you are using or have used AI while your legal matter is ongoing:
- Ask your solicitor before using AI in relation to your legal matter;
- tell us if you have used AI and what you have used it for (for example, to “check” advice we have given you, summarise correspondence or documents, draft or rewrite emails, or prepare a chronology of events);
- do not upload confidential or privileged documents to AI platforms;
- where possible, use an enterprise-grade AI platform with appropriate privacy protections rather than a public consumer platform;
- Protect your accounts with multi-factor authentication and a strong password;
- Ensure that your data control settings are set so that your chats cannot be used for training and improvement of AI models; and
- keep emails to your legal team concise.
Final thoughts
AI tools are impressive, but they are not lawyers, doctors or expert witnesses. They can produce convincing answers that are incomplete or inaccurate. They also do not understand the evidence in your case or the legal principles that apply to your individual circumstances.
If you are considering using AI in connection with your legal matter and are unsure whether it is appropriate, we encourage you to speak with your solicitor first. A short conversation now may help avoid unnecessary risks, protect your confidential information and ensure your legal costs are kept to a minimum.
Most importantly, AI should not be used as a substitute for personalised legal advice.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.