Article

The Rules of Privilege Still Apply When Lawyers use AI

Harvey (its Chief Legal Officer) · harvey.ai

Explains privilege and work product in plain terms and cites United States v. Heppner, where a defendant's chats with public Claude were held not privileged.

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It answers 3 questions

  1. Where is AI legal help dangerous, what still needs a human lawyer?
  2. Is what I tell ChatGPT or Claude about my legal problem confidential, like talking to a lawyer?
  3. Is it safe to paste confidential contracts into ChatGPT?

Read with it

  1. A live database of 1,300+ court cases involving AI-fabricated content, sobering to browse before trusting a citation. damiencharlotin.com Tool AI Hallucination Cases Database Damien Charlotin
  2. The privilege gap explained: your AI chats are discoverable, your lawyer conversations are not. artificiallawyer.com Article ChatGPT Has No Legal Privilege: Is This A Problem? Artificial Lawyer
  3. A 3x general counsel draws the exact line between AI-safe questions and lawyer-required ones. gc.ai Article AI Legal Advice: What It Does and Where Liability Sits GC AI (Cecilia Ziniti)
  4. The bar association's plain-language taxonomy of the three ways AI fabricates law. nysba.org Article Beyond the Mirage: Beware of Generative AI and Hallucinations New York State Bar Association
  5. Stanford Law faculty on who is liable when AI gets the law wrong, you or the model. law.stanford.edu Podcast AI, Liability, and Hallucinations in a Changing Tech and Law Environment Stanford Legal podcast
  6. Why general LLMs lack the citation, context, and privilege protections professional legal work demands. tlpodcast.com Podcast Beyond ChatGPT: Why In-House Counsel Need Purpose Built AI (Cecilia Ziniti) Technically Legal podcast
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