Ethics/Professional Responsibility
Apr. 2, 2026
Generative AI prompts create risk of waving privilege
An emerging split in the courts raises questions about whether AI prompts are subject to discovery.
Anita Taff-Rice
Founder
iCommLaw
Technology and telecommunications
1547 Palos Verdes Mall # 298
Walnut Creek , CA 94597-2228
Phone: (415) 699-7885
Email: anita@icommlaw.com
iCommLaw(r) is a Bay Area firm specializing in technology, telecommunications and cybersecurity matters.
As the use of Generative AI for legal research and drafting grows, so do the pitfalls. But unless an attorney is using an AI platform internal to his or her firm or company, it is literally impossible to avoid sharing information with third parties. Generative AI learns from its own experience, and many (if not all) AI platforms record the prompts and interactions with the requesting attorney, store the transcript for an indefinite period and use the content to improve the AI program. Many...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In