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Understanding the Risks of Uploading Client Information to Generative AI Platforms

ABA: “Lawyers owe sacrosanct ethical and legal obligations to their clients. Among the most important of these include the duty to maintain client confidentiality, protect privileged client communications, and apprise the client of the risks and benefits of proposed legal strategies. A lawyer’s inadvertent breach of these duties may irreparably harm the client, stain the lawyer’s reputation, and subject the lawyer to ethical complaints and malpractice actions. The recent substantial improvements in artificial intelligence present a challenge for lawyers but also provide an opportunity for new lawyers who lack the experience and knowledge of their more distinguished colleagues. Although this technology is new, it’s not unique. By considering the ethical rules and looking to past examples of how the legal profession has adapted to and coped with new technologies, you can provide yourself and your clients with a path forward that allows for the use of these valuable resources while understanding and mitigating the risks involved with any new technology…Best practices include refraining from uploading confidential data to AI platforms, researching technology providers thoroughly, obtaining client consent, and educating clients on the benefits and risks of AI…”

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