Client Alert – AI in Legal Matters
Increased use of AI when instructing us and in employment
Our firm is observing the increasing use by employees and employers of materials that have been drafted using artificial intelligence (AI) tools. Whether documents exchanged between employees and employer, or documents being provided to us and or and containing instructions. While these tools can be helpful:
- AI tools can make mistakes, leave out important information, exaggerate events, etc.
- AI-generated summaries may not accurately reflect what was said or what happened during meetings, conversations or workplace events, and
- important details such as dates, people involved, context or specific wording can be changed without you noticing.
This can lead to additional time being involved, as a consequence of our team needing to reconsider instructions, correct incorrect or unclear instructions (amongst other things). This then increases the fees involved in the matter, and risks the accuracy of the advice provided.
Use of AI tools can also risk waiving legal professional privilege
Also, putting otherwise confidential information into AI platforms risks waiving legal professional privilege (or other privileges) over the communication. This then risks the confidential advice or communication being able to be used against you or others, including in litigation. Even uploading or summarising the substance of such advice can have this effect. There are also privacy and cybersecurity risks associated with putting particular information into AI, which may be disclosed by the platform to third parties, accessed overseas or accessed by people not involved in your matter.
Inaccurate information from AI (and risks to employers)
Information generated by AI, particularly about legal matters, can sound confident and appear accurate when it is in fact not. The information provided is often wrong, inaccurate, incomplete or not relevant to your matter or situation. AI platforms can misapply the law, and or create incorrect or false legal principles. This risks your legal position. Employers subject to many and varied obligations as a part of the employment relationship are at particular risk if they rely on AI generated advice or information regarding their employment related obligations.
If incorrect information generated by AI is presented to a court or tribunal, it may order costs against you and or against your lawyer for wasted time and resources.
You should not:
- enter, copy and paste, summarise or otherwise provide any legal advice, legal documents, correspondence, draft documents, personal information (about yourself or another person/entity) or confidential information about your matter into an AI platform unless you have first discussed with the lawyer responsible for your matter
- assume that information put into an AI platform will remain private and confidential
- assume that information generated through an AI platform will always be accurate, or provide legally correct information or advice
What we need you to do
- tell us immediately if any information or document you give us has been prepared with AI
- carefully review any AI-generated content before sending it to us to ensure its accuracy in every regard
- provide us with the original source documents (such as emails, meeting notes, or other records) as well as any AI-generated summaries
- let us know if you have questions about AI use
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