Article
Before You Type That Into AI, Read This
In-House Connect
by Eric M. Sefton
Litigation Counsel Eric Sefton authored "Before You Type That Into AI, Read This" for In-House Connect, offering practical guidance on how in-house legal departments can leverage AI tools while protecting privileged communications from disclosure in litigation.
Excerpts:
In recent years, the use of artificial intelligence (“AI”) tools by in-house legal departments has dramatically increased. One recent survey found that from 2025 to 2026, the percentage of in-house legal teams using AI increased from 44% to 87%! While AI tools have many productive uses for in-house legal teams, they also pose new and potentially serious pitfalls in litigation. Most significantly, improper use of AI tools by in-house legal teams and their internal business partners can jeopardize the protections afforded by the attorney-client privilege and the work product doctrine. At least one court has held that communications with an AI tool are not protected from disclosure in litigation if those communications are not confidential and made at the direction of counsel.
There are numerous steps that in-house legal departments can take to help preserve the protections of the attorney-client privilege and work product doctrine while still taking advantage of the benefits of using AI tools.
