Law firms · Last updated October 20, 2026

Attorney-client privilege and licensing law firm data to AI

Short answer: Privilege belongs to the client and disclosure to a third party can waive it, and the duty of confidentiality under Rule 1.6 is broader than privilege. Most firms that look at AI data licensing keep all client matter content out and consider only firm-owned operational records.

Two separate limits

The duty of confidentiality covers information relating to a representation, whatever its source (ABA Model Rule 1.6). Privilege is narrower but can be waived by disclosure. The ABA's ethics guidance on generative AI addresses using AI tools with client information (Formal Opinion 512).

Default exclusions

Matter files, pleadings, memos and client correspondence.
Conflicts databases and client lists.
Trust account records.
Mailboxes that mix admin and client work.
Anything under a protective order.

What buyers say about privacy

Mode says sensitive material is removed and personal information transformed before delivery, and its affiliates may not give legal advice; questions about data rights go to Mode and the company's attorney (Mode affiliate FAQ).

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Does de-identification preserve privilege?

That's a legal question for your counsel. Don't rely on a buyer's or referrer's answer.

Who decides scope?

The firm, with counsel, in writing before any upload.

Sources

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.