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All Those A.I. Note Takers? They’re Making Lawyers Very Nervous. 

A recent piece from the New York Times. Does sharing a meeting with an AI bot/AI note taker void the attorney-client privilege, rendering otherwise privileged conversations discoverable? From the article:

“In February, Judge Jed S. Rakoff of U.S. District Court for the Southern District of New York ruled that the transcripts generated with the Claude A.I. app when a defendant asked it for legal advice were not protected by attorney-client privilege. The judge wrote that the defendant could have no expectation of privacy when using a model trained on user inputs that made explicit disclaimers in its privacy policy about its ability to share with third parties (including with “governmental regulatory authorities”).

Judge Gershwin Drain of the US District Court in Detroit took a different approach. He ruled, also in February, that a plaintiff who effectively represented herself in court could not be compelled to turn over her ChatGPT transcripts about the case. The judge rejected the argument that using ChatGPT was the same as disclosing to a third party.

Lee said these cases could be seen as analogous to the question of whether AI-generated notes from a legal meeting are protected by attorney-client privilege. “AI note-taking represents the next frontier,” he said.

Read the full article: Sarah Kessler, All Those A.I. Note Takers? They’re Making Lawyers Very Nervous, New York Times, May 9, 2026.


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