Privilege and AI tools
Also: solicitor-client privilege, legal professional privilege, privileged material
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.
- Your computer
- Model running on it
- Answer stays on it
Confidentiality depends on the machine and anything else connected to it.
- Your computer
- Provider's servers
- Storage, logs, possibly training
- 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
Confidentiality
Keeping private material from people who may not see it. Check who can read, store, or share what you put into a tool.
Reliability & securityData retention
How long a service keeps your data after it has been used.
Reliability & securityZero data retention
A promise from the provider not to keep your prompts and files after answering.
Where it is taught
Map where information goes before using a toolSource and further reading
Supreme Court of Canada — Solosky v The QueenThe 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.