AI & Legal Ethics: A Concrete Guide
Navigating privilege, bias, and data retention with LLMs.
Using consumer-grade ChatGPT for client matters is a fast track to a disciplinary hearing. This guide covers the technical architecture required to use LLMs without waiving privilege. You must understand the difference between public LLMs, API access, and Enterprise BAA tiers.
| Tier | Data Retention | Risk Level |
|---|---|---|
| ChatGPT Free | Yes (Training) | Critical |
| API | 30 Days (No Training) | Low |
| Enterprise | Zero Retention | Lowest |
AI Use Case Risk Assessor
Implementation Pitfalls
- Failing to document existing processes before applying technology. Software amplifies chaos.
- Underestimating the cultural resistance from senior partners who measure value in hours billed.
- Ignoring data egress fees and technical limitations in vendor API contracts.
Frequently Asked Questions
Does OpenAI train on my data?
By default on consumer tiers, yes. On API and Enterprise tiers, no. You must verify your specific contract.
Can AI replace junior lawyers?
No, but a senior lawyer using AI will replace a senior lawyer who doesn't.
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