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ARTICLE · 23 MARCH 2026

Using AI To Prepare Legal Documents? They Might Not Have Privilege Protection In Canada

The rapid evolution of artificial intelligence (AI) is transforming legal practices worldwide, offering tools that can draft documents, analyze cases, and streamline research with unprecedented speed.

CanadaTax

The rapid evolution of artificial intelligence (AI) is transforming legal practices worldwide, offering tools that can draft documents, analyze cases, and streamline research with unprecedented speed.

However, a recent U.S. court ruling has ignited fierce debates about the risks, particularly around privilege protections.

In United States v. Heppner, a federal judge in New York determined that AI-generated documents shared with counsel are not shielded by attorney-client privilege or work product doctrine.

This decision, stemming from a securities fraud case, underscores the tension between technological innovation and longstanding legal safeguards. While the ruling is American, its principles resonate in Canada, where similar privilege rules apply.

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