---
title: "Respond to confidential material received by inadvertent disclosure"
url: "https://ailawframework.com/obligations/confidentiality-and-client-information/respond-to-confidential-material-received-by-inadvertent-disclosure"
type: "task"
site: "AI Law Framework"
id: "A51-MA20261022-3"
practice_area: "Confidentiality & client information"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Respond to confidential material received by inadvertent disclosure

> From the envelope, email header or covering message the lawyer has cleared, record the sender, the time of receipt, the number of items, and that the contents have not been opened by the tool.…

Canonical page: https://ailawframework.com/obligations/confidentiality-and-client-information/respond-to-confidential-material-received-by-inadvertent-disclosure  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Confidentiality & client information](https://ailawframework.com/obligations/confidentiality-and-client-information.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the envelope, email header or covering message the lawyer has cleared, record the sender, the time of receipt, the number of items, and that the contents have not been opened by the tool. Do not open, summarise, quote or reuse the material. |
| What the lawyer must review | The lawyer applies the conduct rule on inadvertent disclosure. Queensland Law Society Guidance Statement No. 18 says that where a solicitor receives material the solicitor knows or reasonably suspects to be confidential, and knows it was disclosed inadvertently, the solicitor must not use or read it, must return, destroy or delete it immediately, and should tell the sender what has been done. If the solicitor only realises after starting to read it, the solicitor stops, tells the sender, and takes those steps. The lawyer does not read it because the client instructs that. The lawyer also checks whether privilege has been lost under Evidence Act 1995 (Cth) section 122 where that Act applies, including whether the holder has acted inconsistently with objecting to disclosure. The guidance statement says privilege is not lost merely because a privileged document has been disclosed, and that rule 31 is not limited to privileged material. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the envelope, email header or covering message the lawyer has cleared, record the sender, the time of receipt, the number of items, and that the contents have not been opened by the tool. Do not open, summarise, quote or reuse the material.
- What the lawyer does: The lawyer applies the conduct rule on inadvertent disclosure. Queensland Law Society Guidance Statement No. 18 says that where a solicitor receives material the solicitor knows or reasonably suspects to be confidential, and knows it was disclosed inadvertently, the solicitor must not use or read it, must return, destroy or delete it immediately, and should tell the sender what has been done. If the solicitor only realises after starting to read it, the solicitor stops, tells the sender, and takes those steps. The lawyer does not read it because the client instructs that. The lawyer also checks whether privilege has been lost under Evidence Act 1995 (Cth) section 122 where that Act applies, including whether the holder has acted inconsistently with objecting to disclosure. The guidance statement says privilege is not lost merely because a privileged document has been disclosed, and that rule 31 is not limited to privileged material.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Do not put the received file into the tool. The log uses only the header or cover the lawyer has cleared.
2. The lawyer, not the tool, sends the notification and confirms return, destruction or deletion.
3. Refuse a client instruction to read the material. The guidance statement says the solicitor must refuse, and then considers permission, a court order, or the retainer.
4. Check section 122 separately where the Commonwealth evidence statute applies. Do not treat the mere receipt as a loss of privilege.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Queensland Law Society: Guidance Statement No. 18, Inadvertent disclosure](https://www.qls.com.au/practising-law-in-qld/ethics/guidance-statements/no-18-inadvertent-disclosure) (checked 2026-10-22)
- [Evidence Act 1995 (Cth) section 122, loss of client legal privilege](https://classic.austlii.edu.au/au/legis/cth/consol_act/ea199580/s122.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/confidentiality-and-client-information/respond-to-confidential-material-received-by-inadvertent-disclosure/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*