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Adam Paine

Adam Paine

Scout

Sep 1, 2026

15:21
And this is an area that's very, very fraught for people who think they can freely use AI and never have anybody know.
15:27
Jumping in, the challenge isn't that AI has the same risks of disclosure that we've been discussing, you know, disclosure to a third party potentially waiving the privilege.
15:36
It stress tests every element because of almost the...
15:41
the nature of the ai tool it seems like a a chat that's closed to your to your computer to your your system that you know it lures people into a false sense that they're they're communicating confidential confidentially and that's just not the case they're also not communicating with an attorney they're creating a record a log of a chat effectively a chat function with a a tool that's not an attorney.
16:11
So as Dan said, as courts analyze these cases and they're quickly evolving and it's such a new and developing area of law, so there aren't too many cases on the topic out there, but as we're seeing courts are analyzing these exchanges under the traditional framework and if exchanges don't satisfy all three elements or can fit into the work product doctrine, Courts are ordering the disclosure of AI prompts, the inputs that people are using, as well as the output that the AI chat is delivering back to the user.

6 MINS LATER

22:44
Adam, have you seen AI communications being sought as discovery and active litigation?
22:49
Absolutely.
22:50
And it's increasing.

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