Privilege, Privacy and Responsible Use of Legal Technology
The legal profession is undergoing a fundamental transformation. Artificial intelligence (AI) and other technological tools are changing how lawyers research, draft, analyze, and manage information. These tools can dramatically improve efficiency and accuracy — but they also raise important questions about privilege, privacy, and professional responsibility. As technology becomes an integral part of legal practice, it’s essential to remember: the tool is not the law. These systems assist in the legal process, but they do not replace professional responsibility or constitute legal advice.
One of the cornerstones of the legal profession is solicitor-client privilege — the duty to keep client communications confidential. When lawyers use AI-driven platforms or cloud-based applications, they must ensure that this privilege remains intact. This means understanding: (1) where data is stored, and whether it could be accessed across jurisdictions with different privacy laws; (2) who controls the data, including the terms of service and data-handling practices of the technology provider; and (3) how outputs are generated, since AI models may retain or reference information from prior inputs. Lawyers have a professional obligation to safeguard client information at every stage — from intake to analysis to communication. Using AI responsibly requires verifying that the technology aligns with those obligations.
Beyond privilege, there are broader privacy considerations. Legal tools often process sensitive personal, corporate, or financial data. A breach — even inadvertent — can expose clients to risk and undermine public trust. Before adopting new tools, lawyers and firms should: (1) confirm that providers use robust encryption and secure data storage; (2) review data retention and deletion policies; (3) ensure compliance with applicable privacy legislation; and (4) implement firm-level protocols to govern how technology is used internally.
AI can analyze information, identify patterns, and even generate written content — but it cannot interpret legal principles, understand client context, or exercise professional judgment. The outputs from AI tools should always be reviewed and validated by a qualified lawyer. Legal tools are designed to streamline process, improve consistency, and enhance productivity, but they do not — and cannot — provide legal advice. Lawyers must continue to apply their expertise, ethics, and critical reasoning to every matter, ensuring that technology supports, rather than supplants, professional practice.
The future of law will be shaped by the thoughtful integration of technology. To achieve that, the profession must continue to emphasize responsible innovation — using tools that uphold confidentiality, accuracy, and integrity while embracing new efficiencies. At its best, technology allows lawyers to focus on what matters most: judgment, advocacy, and client care. But it must always be used within the boundaries of privilege, privacy, and professional responsibility. Because while the tools may evolve, the core principles of the profession remain the same Responsible legal innovation requires embedding privacy-by-design principles and ensuring that client data remains protected at every stage. Vendors must meet stringent security standards, and lawyers must understand the implications of machine learning and cloud processing on privileged material.
Our team works with firms and organizations to explore, design, and implement technology solutions that respect the principles of privilege, privacy, and professional integrity — while improving efficiency and client service. If your firm or organization is considering adopting AI or other legal tools, we can help you do it responsibly. Together, we can ensure innovation strengthens, rather than compromises, the practice of law.