Source: Baker McKenzie Resource Hub

Baker McKenzie's Global Attorney-Client Privilege Guide offers a specific analysis of the implications of artificial intelligence on legal professional privilege within the jurisdiction of Thailand. The guide explains that while the concept of attorney-client privilege is firmly recognized in Thailand, primarily through the Lawyers Act B.E. 2528, the integration of AI tools into legal practice introduces novel and complex challenges. The central issue revolves around maintaining the confidentiality that is essential for the privilege to apply. When lawyers use third-party AI platforms for tasks such as document review, legal research, or contract analysis, there is a potential risk of disclosing confidential client information to the AI vendor or other external parties, which could inadvertently waive the privilege.

The resource emphasizes the critical importance of due diligence by law firms and legal departments in Thailand before adopting any AI technology. It is crucial to thoroughly vet the AI provider's security protocols, data handling policies, and terms of service to ensure that client data remains confidential and secure. The guide suggests that contractual agreements with AI vendors should include robust confidentiality clauses and clear stipulations that the vendor cannot use the client's data for any other purpose, such as training their own models on a wider scale. The analysis also touches upon the risk of data breaches and the lawyer's ethical duty to take reasonable steps to prevent the inadvertent disclosure of client information. As the legal landscape in Thailand continues to evolve with technology, lawyers must remain vigilant to ensure that their use of AI enhances their practice without compromising fundamental professional obligations.