UK Solicitor Investigated After Uploading Client Files to ChatGPT

A UK solicitor is under investigation for allegedly violating client confidentiality and waiving legal privilege after they confessed to uploading their clients’ confidential documents to ChatGPT.  

This is in line with a warning issued by the Upper Tribunal that the use of open AI tools in such a manner may violate client confidentiality and waive legal privilege. This is a concern for the legal profession regarding the misuse of AI.

In a decision heard in November, but only published recently, the judgment said: “Legal professionals are obliged to ensure that legal arguments which are presented to the First-tier Tribunal or Upper Tribunal are factually and legally accurate. Those who cite false cases fail to comply with that professional obligation and waste the time of the Tribunal.”

It added that any solicitor or legal practitioner who delegates their work to another fee-earner is responsible for supervising that work and ensuring it ...