Browse Legal Professionals SECTION 1: Confidentiality, Privilege & Safe Prompting

The Confidentiality Risk Assessment

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The Confidentiality Risk Assessment

Help me assess whether a proposed AI use is consistent with my
confidentiality obligations.

Jurisdiction and governing rules: [STATE BAR / SRA / LAW SOCIETY /
OTHER]
Proposed use: [DESCRIBE THE TASK]
Tool: [CONSUMER TIER / ENTERPRISE WITH DPA / FIRM-HOSTED / LEGAL
PLATFORM]
Information that would be disclosed: [DESCRIBE THE CATEGORY, NOT
THE CONTENT]

Work through:
1. Is this information confidential client information, work
   product, or privileged communication? Address each separately.
2. What does disclosure to a third-party service provider mean
   under my rules of professional conduct?
3. What contractual protections would need to exist for this to be
   acceptable?
4. Does client consent apply here, and if so, what would informed
   consent require?
5. What is the analysis if the tool trains on submitted data versus
   if it does not?
6. What is the safer alternative that achieves most of the same
   value?

Frame this as the questions I need to answer and the considerations
that bear on them. Do not tell me the answer is clearly yes or
clearly no — I need the analysis, and my bar's rules govern.

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