The rapid evolution of technology, and its use in the legal industry, has potentially created a whole new territory of risk. A recent US case, United States v Heppner, illustrates one of these new risks; how privilege operates in an increasingly digital environment.
In United States v Heppner, the court held that a defendant’s Claude generated materials were not protected by “attorney-client privilege” or as a “work product”. The Court concentrated on the fact that, by inputting the information into the AI tool, confidentiality had been lost. Whilst the laws of England & Wales are different in detail, the judgment may provide insight on how the English Court would respond in similar circumstances.
