AI, Confidentiality, and the Stratified Legal Profession

Publication Date

7-2026

Document Type

Article

Abstract

This article examines the implications of artificial intelligence (AI) adoption for attorney-client confidentiality and the growing stratification of the legal profession. It explores how differing levels of access to AI tools, technological resources, and institutional support among large law firms, smaller practices, and individual attorneys may create unequal risks and opportunities in legal service delivery. The article analyzes the ethical duties governing lawyers’ use of AI, including confidentiality, competence, supervision, and protection of client information, while considering how emerging technologies may affect access to justice and professional inequality. It argues that thoughtful regulation, ethical guidance, and equitable access to legal technology are essential to ensuring that AI enhances rather than exacerbates disparities within the legal profession.

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