Policy · In-House / General Counsel

Legal professional privilege protocol for in-house teams (including AI tools and meeting transcription)

An organisation-wide protocol that tells staff how to create, keep and not lose legal professional privilege, with specific rules for AI tools, AI meeting note-takers, prompts and outputs, investigations and regulator requests.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
Australia
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

Use to set the rules for staff who seek, receive or handle legal advice in an organisation with an in-house legal team. It does not decide any individual privilege claim; each claim is assessed by a lawyer on its facts.

How AI may be used

AI may help Legal review how staff use AI tools and map where privileged material sits. Lawyers decide whether material is privileged and every claim, and staff follow the AI rules in clause 9.

AI may

  • Inventory where legal advice is stored and which AI tools, note-takers and integrations can reach those locations.
  • Draft training materials and examples from this protocol for lawyer review.
  • In an approved tool, extract metadata (author, recipients, date) to help a lawyer prepare a privilege review.

AI must not

  • Must not decide that a document is privileged, or write privilege log descriptions.
  • Must not receive legal advice or requests for advice in any tool that Legal has not approved for privileged material.
  • Must not join or transcribe meetings with lawyers unless Legal has approved that use for that meeting.

The lawyer checks

  • The list of approved AI tools for privileged material is current and their terms prevent training on inputs and disclosure to others.
  • AI note-taker settings default to off for meetings with Legal.
  • Litigation holds extend to AI prompts, outputs and transcripts.

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

Authorities

Read the full text

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