International law firm Simmons & Simmons has today launched its AI and Legal Privilege Guide and Policy Framework, a practical resource designed to help organisations of all sizes manage the risks that AI poses to legal privilege – the protection given to confidential communications between a lawyer and a client.
As AI becomes increasingly embedded in legal and business operations, the Simmons & Simmons guide and accompanying policy framework address a critical gap by providing clear, practical guidance – and a pro forma staff policy – to protect privilege when lawyers and non-lawyers use AI systems.
The policy is designed to be used as a ready-to-adopt foundation, which organisations can tailor to their own internal governance frameworks, risk profiles and AI use cases.
The resource explains the distinction between open and closed AI systems, highlights key privilege risks, and sets out practical, policy-ready rules and safeguards to help organisations protect confidential legal communications in day-to-day AI use.
Recent cases in the UK and US, where courts have found confidentiality was breached and legal privilege waived through improper use of AI technology, underline the real-world consequences of mismanaging these risks.
In a recent UK case, the courts issued a stark reminder for legal professionals that “Uploading confidential documents into an [open AI system]. such as ChatGPT, is to place this information on the internet in the public domain, and thus to breach client confidentiality and waive legal privilege, and any such conduct might itself warrant referral to the regulatory body (UK v Secretary of State for the Home Department [2026] UKUT 81 (IAC)).
By combining legal analysis with an operational policy framework, the Simmons & Simmons AI and Legal Privilege resource is intended to support legal teams, compliance professionals and business leaders, whether they are developing an AI governance framework and policy for the first time or strengthening existing internal controls.
Minesh Tanna, Global AI Lead and Partner at Simmons & Simmons, commented: “AI is transforming the way legal services and business functions operate, but it also brings new and often misunderstood risks around confidentiality and privilege. This is not just a guide, it is a practical policy template that organisations of any size can use as the basis for their own internal AI governance, helping them protect sensitive information in a consistent and defensible way.”
Peter Lee, Partner and Head of AI Governance at Simmons & Simmons, added: “Recent cases show that privilege can be lost if AI is used without proper safeguards. Good AI governance is now essential for all legal teams and their client organisations. This resource provides clear, practical guidance and a workable policy framework, so that organisations can use AI confidently and responsibly, whilst protecting client confidentiality and legal privilege.”
Simmons & Simmons has also published an article today on the case cited above, UK v Secretary of State for the Home Department- you can read this here: Legal professionals using AI: English courts warn about serious risks | Simmons & Simmons
