The Tech Savvy Lawyer 🧪🎧 TSL Labs Bonus Podcast: Open vs. Closed AI — The Hidden Liability Trap in Your Firm ⚖️🤖
Dec 19, 2025
A deep dive into the hidden risk of confusing open and closed AI systems in law firms. They highlight how public LLMs can turn confidential prompts into training data. The conversation calls out AI embedded in everyday tools like Microsoft 365 as stealth threats. Practical steps like auditing tools, training staff, and clarifying safe vs risky AI use are emphasized.
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Closed Systems Preserve Confidentiality
- Closed AI tools run on curated, proprietary data and keep uploaded client information private within a walled garden.
- These systems prioritize authority and confidentiality over continuous public model training.
Public Models 'Feed The Beast'
- Public LLMs ingest user prompts into their training pipeline and fold them into future public outputs.
- Entering confidential fact patterns into free models effectively destroys client confidentiality instantly.
Liability Flows Up The Chain
- Supervising professionals bear liability when staff use public AI in ways that breach client confidentiality.
- ABA Model Rule 5.3 and Rule 1.1 (Comment 8) make technology competence and supervision non-negotiable.