The advisory does not identify specific incidents of breach or name particular firms affected. It references the 2023 sanctions against New York lawyers who relied on ChatGPT to generate fictitious case citations, and notes ongoing concerns about data training practices, hallucinations, and potential privilege waiver. The scope of the warning extends to any use of public AI platforms for substantive legal work involving client information.
The piece recommends practices including the use of hypotheticals, removal of identifying details, and application of the "New York Times test"—asking whether a prompt would be acceptable if published. The timing reflects accelerating adoption of AI tools by law firms seeking efficiency gains, coupled with ABA Formal Opinion 512 (July 2024), which reaffirmed duties of competence, supervision, and confidentiality. Attorneys should treat this as a reminder that operational convenience does not override confidentiality obligations, and should audit current AI use policies accordingly.