“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