Please exercise caution when using Al tools to prepare instructions or information for the purpose of seeking legal advice.
When using freely available public AI tools, including some on paid subscriptions, the AI provider may not guarantee that the information given to them remains confidential. You must check the terms and conditions of the AI tool and look for confidentiality language which ensures that the information you give the AI tool remains confidential.
This is important for a number of reasons.
- Your confidential information may become available to a third party and may be used to create a new AI model.
- If you have received confidential information from a third party, then using that AI information in the AI model may breach your obligations of confidence to that third party.
- Information you share with your lawyer is protected by “legal professional privilege”, which allows your lawyer to keep that information confidential. Legal professional privilege will be lost if you use an AI tool that does not have an obligation of confidence to you.
- If you are working on a invention that you wish to get a patent for, your ability to get a patent will likely be frustrated if you disclose how that invention works not under an obligation of confidence. Using an AI tool that does not have an obligation of confidence to you may adversely affect your ability to obtain and keep that patent.
If you have any queries, please get in touch.
