AI chatbots excel at sounding authoritative and serving up what appears to be solid, actionable advice in a seemingly private chat session — which is precisely why lawyers have repeatedly warned against using them for legal advice, according to Reuters.
Accuracy is one major concern attorneys have raised about artificial intelligence chatbots and legal advice; a day before Reuters' article was published, the University of St. Thomas quoted law professor Mark Osler, who likened chatbot outputs to "a rumor from your unreliable friend."
However, the reliability of AI chatbots' legal advice wasn't even the biggest risk lawyers cited.
Specifically, attorneys who spoke to Reuters pointed to the centuries-old legal concept of attorney-client privilege, which the American Bar Association calls the "backbone" of the profession.
Attorney-client privilege kicks in when a client consults with a lawyer and protects a client's confidential discussions and communications with their legal counsel. In other words, it acts as a shield, ensuring correspondence between an attorney and their client stays private.
As AI chatbots become more popular, clients are learning the hard way that conversations with chatbots are afforded no such protection.
Reuters cited an instance involving a man named Bradley Heppner — who was charged on counts of securities and wire fraud in November — who had consulted Anthropic's Claude for advice on his case.
Prosecutors learned of Heppner's extensive conversations with Claude and argued the chats were not covered by attorney-client privilege.
In February, a federal judge agreed, compelling Heppner to produce "over 31 documents" deemed relevant, Reuters reported. U.S. District Judge Jed Rakoff determined that not only did no attorney-client privilege exist but also that such protection could never exist between a chatbot and a client.
Chatbots and AI technology itself have become disruptive presences in areas beyond law, most notably regarding data centers and the resources they consume.
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Though AI is a new technology, Reuters noted that tried and true legal advice applies: "Do not talk to anyone except your lawyer about your case — including AI."
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