Working with AI
Protecting Client Information in AI Workflows
How to protect confidentiality and privilege when using AI: send the minimum, choose appropriate tools, and record what left the file.
The instinct that gets lawyers into trouble is a helpful one: to get a good answer, give the tool everything. So the whole agreement goes in, names and all, or the full attendance note, or the client's identity documents, because trimming feels like extra work. But a lawyer's duty of confidentiality does not pause because a task is convenient, and privilege, once a communication leaves a protected channel, can be difficult to argue back. The point is not to fear these tools. It is to use them the way you already handle a sensitive file: deliberately, and with only what the task requires.
Send the minimum the task needs
Most drafting and analysis questions do not need the client's name, address, or PAN to be answered well. Before pasting anything, ask what the model actually needs to do the work. A comparison of two indemnity clauses needs the clauses, not the parties. A question about limitation needs the dates, not the identities. Redacting or anonymising before submission is not caution for its own sake; it means that even in a worst case, what left your control was not enough to identify or expose the client.
Match the tool to the sensitivity of the material
Not every tool is appropriate for every document, and the difference matters:
- A free consumer chatbot may retain inputs and use them to train future models
- An enterprise or professional tool may contractually exclude your data from training and offer defined retention
- A workspace built for legal use should tell you where data sits and who can reach it
Know which category you are using before, not after, you hand it privileged material. For anything genuinely sensitive, use a tool your firm has assessed for exactly that purpose.
Understand retention and training before you paste
Two questions decide whether a tool is safe for client material: does it retain what you submit, and does it use submissions to train its models? If you cannot answer both from the provider's terms, treat the answer as unfavourable. Check the settings, too, chat history, data-sharing toggles, team-level controls, because a default setting you never changed is still a decision you have made on the client's behalf.
Set a firm rule, not a case-by-case guess
Confidentiality decisions made in the moment, under deadline, drift toward whatever is easiest. A short written standard removes that pressure: which tools are approved for which categories of material, what must be redacted before submission, and what may never be submitted at all, such as identity documents or settlement figures under a confidentiality clause. When the rule is decided in advance, the busy afternoon does not get to overrule it.
Keep a record of what left the file
Confidentiality is easier to defend when you can show what you did. Note, briefly, what material was sent to which tool and where the reviewed output is stored. This is not bureaucracy; it is the difference between telling a client "we were careful" and showing them. A workflow that keeps this trail alongside the matter, as a legal workspace like Juniorlawyer is designed to, means the record exists without a separate act of discipline.
Treat privilege as a channel, not a label
Privilege attaches to how a communication is made and kept, not to a stamp on the page. Routing privileged analysis through a tool that stores or reuses it can weaken the very protection the client is relying on. When the material is genuinely privileged, keep it inside channels your firm controls and has vetted, and leave the open tools for the work that does not carry that weight.
None of this asks you to work slower. It asks you to keep the same judgement you apply to a file cabinet: know what is inside, decide who may see it, and remember what you shared. AI can move the routine work faster while the client's trust stays exactly where it belongs, with you.