Attorney-Client Privilege in Jeopardy: AI Risks, Cybersecurity Gaps, and Ethical Duties

This session explores the foundational elements of attorney-client privilege, including its common law origins and the strict requirements for establishing and maintaining protection. Attendees will learn about ethical obligations under ABA Model Rules 1.1, 1.6, and 1.4, along with practical strategies for privilege hygiene and common ways privilege is inadvertently waived through forwarding, copying third parties, and collaboration platforms.

This session examines how artificial intelligence tools function as third parties that can destroy attorney-client privilege when client information is uploaded or processed. Participants will explore ABA Formal Opinion 512, the risks of hallucinations and bias in AI systems, and the critical importance of informed client consent when using generative AI in legal practice.

A brief intermission allowing attendees to refresh before continuing with cybersecurity topics. Use this time to process the privilege and AI concepts covered in the first two sessions.

This session covers the growing threat landscape facing law firms, including phishing attacks, business email compromise, ransomware, and AI-amplified scams. Attendees will learn essential security practices including file sharing precautions, strong password protocols, network protection strategies, and the critical role of firewalls and VPNs in protecting privileged communications.

This session addresses how AI serves as both a threat and a tool in the cybersecurity landscape, with 79% of lawyers now using AI while only 10% of firms have policies governing its use. Participants will explore governance frameworks, minimum cybersecurity requirements, incident response planning, and emerging concerns around agentic AI that can independently take actions affecting privilege.