Nasdaq Center for Board Excellence Insights on Attorney-Client Privilege in the Age of AI

The rise of artificial intelligence (AI) has raised interesting legal questions surrounding attorney-client privilege. According to a recent Nasdaq Center for Board Excellence article, many attorneys are concerned about the potential for AI to expose privileged information. Attorney-client privilege protects confidential communications seeking legal advice between a lawyer and a client. The article notes that “[t]he integration of AI into legal practices offers opportunities but also introduces risks that could undermine the confidentiality of sensitive communications.” Attorney-client privilege is held by the client and could (even inadvertently) be waived by either a board member or a corporate actor. The article emphasizes that it is crucial for legal professionals to educate their board members on the importance of protecting confidential communications between the attorney and client. The article highlights a few ideas below:

• Conduct Regular Trainings
• Manage Access to Confidential Information
• Limit the Number of Individuals on Communications
• Separate Legal Advice from Business Strategy

Click here to read the article “The Board’s Role in Understanding AI’s Impact on Attorney-Client Privilege.”