AI Compliance Library

Law Firm AI Privilege Protection Checklist — Post-Heppner | Polygraf AI

Published on

AI Privilege Protection Checklist for Law Firms

10 steps to protect attorney-client privilege when using AI — built around the Heppner analysis.

Ethics partners, managing partners, and general counsel at law firms that use AI tools on client matters and need to confirm their AI controls satisfy the ABA Rule 1.6 ‘reasonable efforts’ standard after US v. Heppner.

US v. Heppner held that using a consumer AI platform on legal matters may constitute disclosure to a third party, extinguishing the confidentiality requirement on which privilege depends. Most firms do not have the specific technical controls — zero data retention, anonymization, prohibition on model training use — that the Heppner analysis requires.

A 10-step privilege protection checklist with explanation of what each step addresses and a privilege risk matrix covering five common AI usage scenarios: personal ChatGPT use on client matters, firm-approved AI with anonymization, AI for general research, AI for discovery document review, and AI-drafted filings in courts with disclosure requirements.

Subscribe to our newsletter

NEWS & More

Insights & Updates from Polygraf.

Blog Posts

Every AI agent your company deploys creates a new identity. Most are unmanaged, over-privileged and never revoked. This is the identity crisis of 2026's breach wave.

Blog Posts

AI agents don't just respond to prompts - they plan, use tools, access memory, and take actions across enterprise systems. Each capability adds a distinct attack layer. Most enterprise security

To learn more about Polygraf, please get in touch.

At Polygraf, we envision a future where AI augments human capabilities without compromising safety, privacy, or ethical standards. Trust in our commitment to building this future with you.

Products

thank you

Your download will start now.

Thank you!

Please provide information below and
we will send you a link to download the white paper.