Letter · Client-facing & access-to-justice AI tools

Client letter: using AI tools with your legal matter (confidentiality, privilege and evidence)

Letter warning clients that putting legal advice or matter details into AI tools can risk confidentiality and privilege, that evidence must be in their own words, and that AI legal information can be wrong.

Kind
Letter. A letter or email you adapt and send.
Where it applies
Australia, New South Wales, Victoria, Queensland
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Send at the start of litigation or any sensitive matter, or when you learn a client is using AI tools on their matter (for example drafting their own statement or "checking" your advice). Tailor the court paragraph to the forum.

How AI may be used

AI can tailor the letter to the forum and the client's situation from the lawyer's notes, but the lawyer decides what the client is told about privilege and evidence.

AI may

  • Insert the forum-specific court paragraph from the lawyer's choice of jurisdiction.
  • Simplify the language to the client's reading level and produce a translated version for checking by a qualified translator.
  • List the client documents on file that may have been prepared with AI, for the lawyer to raise with the client.

AI must not

  • Must not advise the client whether privilege has in fact been lost.
  • Must not draft or "improve" any part of the client's evidence.
  • Must not be given the client's own AI chat logs unless the tool is approved for privileged material.

The lawyer checks

  • The court paragraph matches the forum's current practice note.
  • Any past AI use by the client has been discussed and its effect on privilege and evidence assessed.
  • The letter does not discourage the client from seeking information, only from risky disclosures.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Client-facing & access-to-justice AI tools

All precedents for Client-facing & access-to-justice AI tools · Tasks and AI use in this area