Professional obligations.
THE STARTING POSITION
Client information is confidential and privileged. That obligation is absolute in most jurisdictions.
WHAT THIS MEANS
Do not put client material into a general AI service without establishing that it is permitted.
WHAT TO ESTABLISH
What your regulator says What your firm permits What the provider does with the data Whether it is retained or used for training Whether the client consented
THE PRIVILEGE QUESTION
Disclosure to a third party may affect privilege.
Whether sending material to an AI provider constitutes disclosure is not fully settled in every jurisdiction.
That uncertainty is itself a reason for caution.
WHAT IS SAFER
Tools procured with appropriate terms, where data is not retained or used for training Removing identifying details Describing the situation generically rather than pasting the document
WHAT NEVER TO SEND
Identifiable client matters to a consumer service on a personal account.
WHAT TO TELL CLIENTS
Where your regulator requires disclosure of AI use, do so.
Some clients specify in their terms whether AI may be used on their matters. Check.
