Entering confidential information pertaining to clients into an AI tool that does not guarantee confidentiality is problematic from the perspective of an attorney's duty of confidentiality. In this respect, it may be considered an action that could violate the Attorneys Act, the Basic Rules on the Duties of Practicing Attorneys and the Act on the Protection of Personal Information.

The Japan Federation of Bar Associations intends to issue guidelines for attorneys regarding the use of generative AI tools. While the specific content of the guidelines is yet to be announced, the guidelines will likely suggest specific measures to be taken by attorneys to enable them to use generative AI tools while ensuring they maintain their professional confidentiality obligations.