Privileged memos should not train someone else's model
Litigation files contain some of the most sensitive information a firm or carrier manages. A construction defect investigation may include coverage analysis, expert communications, internal strategy, and assessments of potential exposure. A product liability matter may contain confidential testing records and defense planning. Those files cannot be treated like ordinary business documents.
One of the first questions in an AI evaluation should be simple: does the provider use customer matter files to train its models?
For litigation teams, the answer needs to be clear. Matter documents and prompts should remain dedicated to the authorized purpose. Public security expectations around generative AI increasingly focus on confidentiality, access management, and responsible use because lawyers remain responsible for protecting client information.
The American Bar Association addressed these obligations in Formal Opinion 512, explaining that lawyers using generative AI must consider competence, confidentiality, and supervision obligations. Florida Bar Ethics Opinion 24-1 similarly discusses a lawyer’s duties when using generative AI tools, including protecting confidential information.
AI can assist legal work. It does not change the lawyer’s duty to protect the file.





