The Privilege Preservation Check
2 fill-in slots · from The AI Prompt Handbook for Legal Professionals
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Help me think through privilege implications. Scenario: [DESCRIBE THE PROPOSED USE] Jurisdiction: [DESCRIBE] Address: 1. Does submitting material to a third-party AI service risk waiver, and what factors bear on that 2. How does the analysis differ for attorney-client privilege versus work product 3. What contractual and technical protections are relevant 4. What is the position on AI-generated work product — is the output itself protected 5. What should be documented at the time to support a later privilege claim 6. What is discoverable about the prompting process itself 7. What practices would a court likely view as reasonable care Frame as considerations and open questions. Note where the law is unsettled rather than stating a rule. This is analysis to take to ethics counsel, not an answer.
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