Browse Legal Professionals SECTION 1: Confidentiality, Privilege & Safe Prompting

The Privilege Preservation Check

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The Privilege Preservation Check

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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