---
title: "Client letter: using AI tools with your legal matter (confidentiality, privilege and evidence)"
url: "https://ailawframework.com/precedents/client-facing-and-access-to-justice-ai-tools/client-warning-own-ai-use"
type: "precedent"
site: "AI Law Framework"
id: "a43-client-warning-own-ai-use"
area_id: "A43"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/client-facing-and-access-to-justice-ai-tools/client-warning-own-ai-use  
Law stated as at: 2026-10-17

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

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Client-facing & access-to-justice AI tools](https://ailawframework.com/precedents/client-facing-and-access-to-justice-ai-tools.md)
- Jurisdictions: Australia, New South Wales, Victoria, Queensland
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for 4 jurisdictions.

## 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.

## Authorities

- [Evidence Act 1995 (Cth) ss 118, 119 and 122 (client legal privilege; loss by knowing and voluntary disclosure)](https://www.legislation.gov.au/C2004A04858/latest/text)
- [Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026, paras 4.8 and 4.13 to 4.15](https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-ai)
- [Supreme Court of NSW Practice Note SC Gen 23 – Use of Generative Artificial Intelligence (Gen AI), paras 12 and 13 (affidavits and witness statements)](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf)
- [Supreme Court of Victoria Practice Note SC Gen 25 (The use of Artificial Intelligence by Court users), 14 May 2026, paras 6.8 and 6.10 to 6.11](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users)
- [Fair Work Commission, Guidance note: Use of generative artificial intelligence in Commission cases (commences 20 October 2026)](https://www.fwc.gov.au/documents/resources/guidance-note-use-of-generative-ai-in-commission-cases.pdf)
- [OAIC, Guidance on privacy and the use of commercially available AI products (October 2024)](https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-the-use-of-commercially-available-ai-products)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/client-facing-and-access-to-justice-ai-tools/client-warning-own-ai-use and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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