As AI becomes part of everyday working life, questions about how it affects legal professional privilege are coming up more often. Our practical Q&A guide answers key questions on AI and privilege, and sets out clear, practical steps that legal and business teams can take now to keep their privileged material protected.
The content includes:
- AI & privilege: what you need to know - introduction
- Context: what is privilege?
- Will privilege be lost in legal advice if it is uploaded into an AI tool?
- Can I upload legal advice into an AI tool to help me understand or act on it?
- Is there a risk I might have to disclose my AI prompts?
- If I seek legal advice from my company’s AI tool and receive answers without involvement of my internal or external legal team, are those communications privileged?
- I always use AI transcription to summarise all of my meetings, is that a problem?
- What is the privilege position with regard to agentic AI tools used within the business?
- How can I best protect my privileged documents and avoid having to disclose something I shouldn’t when using AI?
- Concluding thoughts
- Where can I obtain further guidance?
