“ChatGPT, do I have a case?” Before you ask AI any legal question, be sure to take precautions to maintain privilege and confidentiality protection of the information you submit to an AI service. Without using AI for litigation properly, you may inadvertently lose privilege and confidentiality protection over the information you submit to AI. In Canada, the primary basis for asserting privilege are solicitor-client privilege and litigation privilege. To date, there has yet to be a leading case authority on the issues of AI use and legal privilege in Canada. Over the past year, international courts in the United Kingdom and United States have considered these very questions of privilege with AI use in the context of their own legal privilege and confidentiality laws. The reasoning of these courts can be informative how the Canadian courts may reason through these legal issues and fact scenarios in the future. Here … Read More
5 tips for prompting AI
** Before using AI for any legal questions or research, consult with a lawyer first to avoid waiving confidentiality or privilege protection when using AI. Be sure to read our blog post on protecting privilege with AI use in litigation here: https://www.gilbertsondavis.com/chatgpt-do-i-have-a-case-5-uk-and-us-cases-on-ai-and-privilege-in-litigation/ ** Here are 5 tips to keep in mind to improve the quality of the AI results when prompting AI for complex questions: 1. Keep it simple Give short, clear, specific, and direct instructions to AI to improve the chances AI will execute the task you intended Split complex issues and instructions into separate prompts to allow the AI to use more context window per instruction Iterate on the AI content by asking questions, correcting incorrect or misguided statements, challenging assumptions, and refining and expanding upon the result Describe the results you want so the AI has a clear objective 2. Manage the context Keep the information you … Read More
AI and Litigation Series in Canada – Introduction
In late 2025, AI achieved a breakthrough in chained reasoning capability marking a pivotal transition from static AI chatbots to multi-agent workflows that can follow a sustained reasoning path. This has opened the door to much more sophisticated step-by-step problem-solving by AI and its ability to follow detailed instructions. As AI progresses every month at remarkable speed, our role in managing AI to achieve the results we intend will change as AI changes. This is a moving target – the possibilities, opportunities, and risks in using AI will change month to month, model by model, and case by case. For AI use generally, the rapidly progressing quality of AI is changing our expectations of when and how to use AI. AI is becoming embedded in software tools and online services we use everyday, often as an invisible layer ‘under the hood’ that operates as the engine that powers these services. … Read More