Simmons & Simmons Launches AI + Legal Privilege Guide

2026-03-05 · Source: Artificial Lawyer · Field: Legal & Regulatory — Legal Technology (LegalTech), Compliance & Risk Management, Corporate Law & Business Legal Services · Depth: Intermediate, quick

Summary

International law firm Simmons & Simmons has launched an "AI and Legal Privilege Guide and Policy Framework" to help manage the risks AI poses to legal privilege, specifically the protection of confidential lawyer-client communications. This guide was prompted by a recent UK case, *UK v Secretary of State for the Department [2026] UKUT 81 (IAC)*, which warned that uploading confidential documents to "open AI systems" like ChatGPT could breach client confidentiality and waive legal privilege. The framework offers practical guidance and a pro forma staff policy, explaining the distinction between "open" and "closed" AI systems and setting out safeguards for both lawyers and non-lawyers using AI. Simmons & Simmons partners Minesh Tanna and Peter Lee emphasize its utility as a practical template for internal AI governance, ensuring organizations can use AI responsibly while protecting sensitive information. The article also notes upcoming "Legal Innovators" legal tech conferences in Paris (June 24-25) and California (June 10-11).

Key takeaway

Simmons & Simmons' new 'AI and Legal Privilege Guide' addresses the critical risk of waiving legal privilege when legal professionals use AI, especially open systems like ChatGPT. It provides practical policy frameworks, distinguishing open from closed AI, to safeguard confidential communications, following a UK court warning against uploading sensitive data to public AI. This resource is crucial for AI/ML professionals and organizations deploying AI in sensitive domains, enabling responsible governance and preventing inadvertent data breaches or loss of privilege.

Topics

• AI in Legal Services
• Legal Privilege
• AI Governance
• Client Confidentiality
• Legal Technology Conferences

Best for: CTO, VP of Engineering/Data, Director of AI/ML, Legal Professional, AI Ethicist, Policy Maker

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Editorial summary, takeaway, and curation by AIssential. Original article published by Artificial Lawyer.