Simmons & Simmons Launches AI + Legal Privilege Guide

International law firm Simmons & Simmons has launched an ‘AI and Legal Privilege Guide and Policy Framework’, designed to help manage the risks that AI poses to legal privilege – i.e. the protection given to confidential communications between a lawyer and a client.

And this is a hot topic at the moment, for sure.

As they note, in a recent UK case, the courts issued a stark reminder for legal professionals, that: ‘Uploading confidential documents into an [open AI system] such as ChatGPT, is to place this information on the internet in the public domain, and thus to breach client confidentiality and waive legal privilege, and any such conduct might itself warrant referral to the regulatory body (UK v Secretary of State for the Home Department [2026] UKUT 81 (IAC)).’

So, what does the guide cover? They explain that ‘as AI becomes increasingly embedded in legal and business operations, the guide and accompanying policy framework address a critical gap by providing clear, practical guidance – and a pro forma staff policy – to protect privilege when lawyers and non-lawyers use AI systems’. 

It also ‘explains the distinction between open and closed AI systems, highlights key privilege risks, and sets out practical, policy-ready rules and safeguards to help organisations protect confidential legal communications in day-to-day AI use’. 

Minesh Tanna, Global AI Lead and Partner at Simmons & Simmons, commented: ‘AI is transforming the way legal services and business functions operate, but it also brings new and often misunderstood risks around confidentiality and privilege. This is not just a guide, it is a practical policy template that organisations of any size can use as the basis for their own internal AI governance, helping them protect sensitive information in a consistent and defensible way.’

And Peter Lee, Partner and Head of AI Governance at Simmons & Simmons, added: ‘Recent cases show that privilege can be lost if AI is used without proper safeguards. Good AI governance is now essential for all legal teams and their client organisations. This resource provides clear, practical guidance and a workable policy framework, so that organisations can use AI confidently and responsibly, whilst protecting client confidentiality and legal privilege.’ 

You can get hold of the Simmons guide here.

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Legal Innovators Europe – Paris – June 24 and 25.

There will be more news about the conference and key speakers as we get closer to June.

Look forward to seeing you there!

Richard Tromans, Founder, Artificial Lawyer and Legal Innovators conference Chair.

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And if you’re in the US and looking for the next major event to join after Legal Week, then see you in California this June!

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