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Eric Magnuson Authors Article on AI Policy in Attorney at Work
Print PDFEric Magnuson, co-chair of Nutter’s Business Litigation practice group, wrote an article exploring AI policy in Attorney at Work. In the piece, “Beyond AI Policy: What to Tell Your Clients After Heppner,” Eric discussed how every business should have a consumer AI policy, but understanding the intersection of AI and attorney-client privilege is now a critical requirement for legal protection.
According to Eric, key takeaways for attorneys include:
- Consumer-grade AI tools like free Claude, Geminia and ChatGPT platforms do not guarantee the confidentiality required to maintain privilege.
- Courts may rule that clients using AI without specific direction from legal counsel waive attorney work-product protections.
- For attorneys, entering confidential client information into a consumer AI tool can violate ABA Model Rule 1.6(c).
- To protect attorney-client privilege in the age of AI, firms must counsel clients on the risks of using commercial-grade AI tools.
“AI use can fall outside the legal protections many users assume exist. Companies that close that gap will be prepared when confidential information is challenged, records are demanded, or regulators come calling. Those that wait may confront the consequences in discovery, in a disciplinary proceeding — or both,” Eric concludes.
