A Note on AI & Privilege
What you type into AI tools isn't always private.
In a recent federal case, a party's litigation strategy entered into an AI platform was ruled discoverable by opposing counsel — the documents were not protected by attorney-client privilege because they had been shared with a third-party AI service. Courts have confirmed that AI chat logs, including queries about legal strategy, can be compelled in discovery. What you tell your attorney is privileged. What you type into ChatGPT may not be.
At Black Harbor, everything you share with us is protected by attorney-client privilege — a legal protection no AI subscription can replicate.
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