Generative AI and Attorney-Client Privilege Quiz

Answers and explanations appear as you take the quiz.

1. Which protection covers all information relating to a representation, not just lawyer-client communications?
   • Attorney-client privilege
   • Work product doctrine
   • The ethical duty of confidentiality under Rule 1.6
   • The Fifth Amendment
2. How have courts generally treated lawyers' use of service providers such as email hosts and cloud storage?
   • As an automatic waiver of privilege
   • As no waiver when confidentiality is reasonably maintained
   • As permitted only with court approval
   • As waiving work product but not privilege
3. Which vendor terms does the guide say increase confidentiality and waiver risk?
   • Encryption at rest and in transit
   • Matter-level access controls
   • Deletion of data at contract end
   • Training on inputs, indefinite retention and human review of content
4. What did a court order OpenAI to do in 2025 in The New York Times's copyright suit?
   • Preserve user chat logs for a period, including ones users had deleted
   • Stop offering ChatGPT to lawyers
   • Pay damages to every user
   • Delete all chat history immediately
5. Under the guide, when does disclosure generally waive work product protection?
   • Whenever a document is shared with anyone outside the firm
   • Only when a judge reads the document
   • When disclosure substantially increases the chance an adversary obtains it
   • Never, because work product cannot be waived
6. What is the privilege status of a client's own conversations with a consumer chatbot about their dispute?
   • Always privileged because they concern legal matters
   • Privileged once the client later hires a lawyer
   • Protected as work product in every case
   • Not communications with a lawyer, and may be discoverable
7. Why does the guide say turning off chat history does not make a consumer tool safe?
   • It deletes the lawyer's files
   • Providers often still retain data for a period for abuse monitoring
   • It turns on model training automatically
   • It makes the tool unavailable
8. Why does the guide recommend documenting the firm's AI vendor assessment?
   • Showing reasonable precautions is what ethics rules and waiver analysis reward
   • Vendors require it before signing a contract
   • It creates a new privilege for AI prompts
   • Courts require it to be filed with every motion