Share on LinkedInShare on LinkedIn

ARTICLE · 04 MAY 2026

Navigating Legal Privilege When Using Generative AI

McCann FitzGerald LLP
McCann FitzGerald LLP
Contributor
McCann FitzGerald LLP

McCann FitzGerald LLP

McCann FitzGerald LLP’s London office acts for Irish, UK and international clients on Irish law...

View firm profile
Explore more from McCann FitzGerald LLP

Lawyers, both in-house and in private practice are making growing use of generative AI in the delivery of legal services. This had led to the creation of a whole new category of documents...

GlobalTechnology

Lawyers, both in-house and in private practice are making growing use of generative AI in the delivery of legal services.  This had led to the creation of a whole new category of documents, in the form of prompts and AI outputs.  Such documents, as with any others, may be subject to disclosure in legal proceedings, unless protected by privilege.

Recent rulings on both sides of the Atlantic have highlighted the growing tensions between the use of generative AI tools and the preservation of privilege.  The decisions also serve as a warning to legal practitioners that materials generated with such tools may not be covered by privilege.  We examine these developments and outline some practical measures which Irish in-house lawyers can adopt to reduce the risk of inadvertently losing privilege protection when using AI.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from