Case & CodeA FIELD GUIDE TO AI
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Privilege and AI tools

Also: solicitor-client privilege, legal professional privilege, privileged material

In plain words

A legal shield for some private talks and records. For lawyer-client privilege, the legal purpose matters. Not every private message is covered.

The fuller definition

Solicitor-client privilege protects qualifying confidential communications for the purpose of seeking or giving legal advice. Other privileges have different tests. Confidentiality alone does not establish privilege; apply the law of the relevant jurisdiction.

Where a document goes: two routes
LOCAL
  1. Your computer
  2. Model running on it
  3. Answer stays on it

Confidentiality depends on the machine and anything else connected to it.

CLOUD
  1. Your computer
  2. Provider's servers
  3. Storage, logs, possibly training
  4. Answer returned

Confidentiality depends on the contract, the account tier, and the settings in force.

Neither route is safe by default. The question is the same for both: who can see the material, where is it kept, and for how long.

A concrete example

A firm reviews a provider's terms, retention settings, and staff-access policy before using the service with privileged drafts.

The distinction that matters

Do not infer privilege from a file label or the fact that a lawyer received it. Keep legal advice, confidentiality and litigation privilege distinct.

Related terms

Where it is taught

Map where information goes before using a tool

Source and further reading

Supreme Court of Canada — Solosky v The Queen

The definition and example are written for this library. The link gives background, official documentation or legal authority as labelled. Legal scope depends on the jurisdiction and current text; product features depend on release and settings.

Lessons, terms, practical guides and sources ESC