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A.I. note takers are making lawyers nervous

nytimes.com

81–90 of 204 posts

Re: A.I. note takers are making lawyers nervous

#81

The main point raised in the article is that these bots may void attorney client privileges. But the real danger with these IMO is that they're turning casual conversations into a permanent record, and one that will be completely discoverable in court, should the company get into trouble later.

Not only there

Also social settings will change, when everything you say stays on record forever in every meeting...

Re: A.I. note takers are making lawyers nervous

#82

>> Executives and corporate boards generally expect conversations with their legal team about legal matters to have attorney-client privilege. They lose that protection if they share the same information with outside parties — and it’s possible that an A.I. note taker could have the same effect. Total oversimplification. The fact is the privilege is a rule totally in the hands of the court. Every time a new communica…

It sounds like the prison recordings were compulsory, which is a different kettle-of-fish. The key phrase "if they share" implies voluntary and deliberate action, and is not much of an oversimplification imo. > What matters is that the parties intended and expected communications to be privileged. I would contend that your summary, not theirs, is a oversimplification. Jurisdictions will obviously differ, but privileg…

Well, I try to avoid the R word. The actual legal term would be reasonable intention. Literal expressed intention. ie putting an A-C warning on every email, won't be enough on its own.

IMHO we should just assume the R word before every verb in every legal discussion. That is how reality works. These are not spells. If I express that I intend something to be private, then announce it using a megaphone at a basketball game, my intention is no longer reasonable regardless of what magic words I have thrown into my communication. Act like an idiot and a court will treat you like an idiot.

Re: A.I. note takers are making lawyers nervous

#84
AI meeting notes are not transcripts. While they do cause an unprecedented amount of record creation (as the article notes), there are also challenges that a defense can use. Note takers get small details wrong all the time, they often are making notes FOR someone so it biases what is documented, their prompting is opaque, and they can't be cross examined. We will likely see situations where the note taker and a witness participating in the meeting disagree?

Re: A.I. note takers are making lawyers nervous

#85
post #47

Back when I was in college, in a fraternity, we always assumed that the phones were tapped. Specifically, we never spoke about alcohol or marijuana (now legal) on the phone. Even today, I generally assume that my phone could be tapped; even when talking with my trusted work colleagues, friends, and family. I'm extra careful about dirty jokes or "grey morality" in video conferences and email. The same applies to speak…

> Even today, I generally assume that my phone could be tapped; even when talking with my trusted work colleagues, friends, and family. I'm extra careful about dirty jokes or "grey morality" in video conferences and email. This is horrifying. Why do you feel the necessity to self-censor? What consequences do you anticipate?

Adding on to this question, do you anticipate the same people capable of tapping phones to think less of you for a dirty joke? The people whose opinion of me would lower for something off-color and the people who possess the ability to wiretap me are a disjoint set lol.

Re: A.I. note takers are making lawyers nervous

#86

Earlier quoted context omitted.

> Even today, I generally assume that my phone could be tapped; even when talking with my trusted work colleagues, friends, and family. I'm extra careful about dirty jokes or "grey morality" in video conferences and email. This is horrifying. Why do you feel the necessity to self-censor? What consequences do you anticipate?

Adding on to this question, do you anticipate the same people capable of tapping phones to think less of you for a dirty joke? The people whose opinion of me would lower for something off-color and the people who possess the ability to wiretap me are a disjoint set lol.

The point is it would be usable against you, but at the point you are wiretapped and can be used in court all bets are off you are probably in too much trouble may as well tell the joke!

Re: A.I. note takers are making lawyers nervous

#87
post #47

Back when I was in college, in a fraternity, we always assumed that the phones were tapped. Specifically, we never spoke about alcohol or marijuana (now legal) on the phone. Even today, I generally assume that my phone could be tapped; even when talking with my trusted work colleagues, friends, and family. I'm extra careful about dirty jokes or "grey morality" in video conferences and email. The same applies to speak…

> Even today, I generally assume that my phone could be tapped; even when talking with my trusted work colleagues, friends, and family. I'm extra careful about dirty jokes or "grey morality" in video conferences and email. This is horrifying. Why do you feel the necessity to self-censor? What consequences do you anticipate?

It's a good policy, generally. Treat anything written down, email, etc, as something that could become public later. Anything that could be recorded and saved for later can be used against you if it's taken the wrong way. A questionable joke could become an HR complaint, as an example.

Re: A.I. note takers are making lawyers nervous

#88

The main point raised in the article is that these bots may void attorney client privileges. But the real danger with these IMO is that they're turning casual conversations into a permanent record, and one that will be completely discoverable in court, should the company get into trouble later.

Never write if you can speak; never speak if you can nod; never nod if you can wink. -Lomasney (has aged well it seems)

Re: A.I. note takers are making lawyers nervous

#90
post #47

Back when I was in college, in a fraternity, we always assumed that the phones were tapped. Specifically, we never spoke about alcohol or marijuana (now legal) on the phone. Even today, I generally assume that my phone could be tapped; even when talking with my trusted work colleagues, friends, and family. I'm extra careful about dirty jokes or "grey morality" in video conferences and email. The same applies to speak…

> Even today, I generally assume that my phone could be tapped; even when talking with my trusted work colleagues, friends, and family. I'm extra careful about dirty jokes or "grey morality" in video conferences and email. This is horrifying. Why do you feel the necessity to self-censor? What consequences do you anticipate?

Have you missed the last decade and a half of people having their lives ruined by social media mobs for minor slights?
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