Dear Counsel, Meet Exhibit A: Your Client’s ChatGPT History

Privilege and Work Product in the Age of AI Depending on which court you ask, your latest prompt to an artificial intelligence (“AI”) chatbot is either a protected private thought or a voluntary disclosure to someone other than your lawyer. In a legal landscape struggling to keep pace with technology, two ‘first-of-their-kind’ rulings—United States v. …

Artificial Intelligence and Lawyering: Why Machines Can’t Do Our Jobs

Just about every week, someone asks one of us how our work is being affected by artificial intelligence (“AI”), and especially about the large language models (“LLMs”), such as ChatGPT, that have become prevalent in everyday life.  As commercial litigators, AI has limited application to the work that we do.  Certainly, it can be helpful …