Privilege and AI: what you may paste, and what you must redact
2026-10-11 · Risk
Using AI is compatible with privilege — if you tier the material, redact first, and record the use. A short, practical rule set for firms.
To keep privilege while using AI, tier the material before you paste: public may use any approved tool, confidential needs a tool with training disabled, and privileged material goes only to a private or local model. Redact names and identifiers first, and record the AI use on the matter file. Privilege is not lost by using AI; it is lost by sharing too widely without a record.
Three tiers
- Public — any approved tool.
- Confidential — approved tool with training disabled, or BYOK.
- Privileged — a private deployment or a local model only.
Redact first
Replace names, addresses and identifiers with consistent placeholders, and keep the mapping in the matter file, not in the prompt. This is the single step that most reduces waiver risk.
Record the use
One line in the file: which tool, for what, on what date, verified by whom. When a client or an insurer asks, the register is the answer.
If in doubt, do not paste — redact, or use a local model.
Written for legal professionals. Not legal advice. Always verify every authority and let a named lawyer sign off.