Vol. I · Est. 2026Subscribe

Future Counsel

A Review of Law, Technology & the Profession Ahead

Regulation

Client Data, AI Vendors and the Duty of Confidentiality

A practical diligence checklist for firms sending sensitive information to AI platforms.

By Judith Okafor · July 18, 2026 · 8 min read

Every prompt containing client information is a disclosure to a third party. Ethics rules require reasonable efforts to protect it.

Key diligence questions: Is data used for training? Where is it stored, and for how long? Who can access it? What certifications does the vendor hold?

Clients increasingly include AI-specific terms in outside counsel guidelines. Firms should be ready to answer before they are asked.

Good security is now a selling point. Treat your AI governance policy as marketing collateral as much as compliance.

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Further reading

Regulation

Ethics Opinions on AI: A 2026 Roundup

Bar associations have converged on competence, confidentiality, supervision and fees. The details still matter.

Judith Okafor · September 16, 2026 · 10 min