Legal professional privilege and AI: protecting your compensation claim

What is legal professional privilege?

Legal professional privilege is a fundamental legal right in Australia that protects the confidentiality of communications between you and your lawyer. It exists to encourage honest, open discussions so your lawyer can give the best advice and protect your legal interests.

However, this privilege only works if the information stays between you and your lawyer. Once you upload privileged documents or correspondence to an AI tool, you may unintentionally waive this protection, allowing insurers, opposing parties, or even courts to harm your case.

The two types of legal professional privilege protecting your claim

Australian law recognises two distinct types of legal professional privilege that protect your compensation claim:

1. Legal advice privilege

This protects confidential communications between you and your lawyer when you’re seeking or receiving legal advice. Protected communications may include:

• emails and letters from your lawyer explaining your rights
• phone calls discussing your case
• meeting notes where legal advice is given
  

2. Litigation privilege

This protects documents specifically for use in court cases, whether those cases have already started or are expected to happen soon.

Protected documents may include:

• witness statements prepared for litigation
• medical reports your lawyer specifically obtained
• expert reports commissioned for your case
• internal notes from your lawyer while building your case

Both types of privilege serve the same purpose: protecting your right to build a strong case without giving the other side an unfair advantage. 

Why uploading legal documents to AI is risky

When you upload a letter, email, or document from your lawyer into ChatGPT or a similar AI tool, three things may likely happen:

1. You could share confidential information with a third party, which takes information out of the protected space between you and your lawyer.
2. You may waive legal professional privilege, meaning the document could be used against you in legal proceedings.
3. You may also breach your lawyer’s terms of engagement or privacy obligations.

Even if an AI tool claims to be “secure”, it can’t replace legal advice or guarantee the same legal protections your lawyer provides.

Before sharing any legal advice online, always check with your lawyer to make sure your rights stay protected. Our dedicated lawyers are here to guide you through your claim, helping you to achieve the best outcome so you can focus on your recovery.

Why it matters for you

If you’ve engaged a lawyer to help with your compensation claim, any letters, emails, or documents they provide are generally protected by legal professional privilege.

This means they should not be shared with insurers, medical professionals, or other parties involved in your claim, unless your lawyer advises otherwise.

There are, however, some exceptions. Certain legislation that governs some claims (such as work injury claims in Queensland) may limit privilege, and it doesn’t apply to communications made for an illegal or inappropriate purpose.

What should you do instead?

If you receive a letter, email, or document from your lawyer that you don’t fully understand, here’s how to get clarity safely:

• Ask your lawyer directly. They’re the best person to explain your rights and clarify any advice. At Maurice Blackburn, we encourage our clients to ask questions, and even a quick phone call can prevent serious complications later. Our team is here to guide you through your options securely and in an easy to understand way.
• Keep privileged documents private. Avoid uploading them into AI tools or unsecured platforms. If a document is marked “privileged” or “confidential”, treat it as strictly private.
• Don’t share any details on social media and public forums. This includes Facebook groups, Reddit, or legal advice forums. Even “anonymous” posts can potentially still be traced back to you and could waive privilege.

How we can help to protect your claim

At Maurice Blackburn, we understand that the legal process can often be stressful, especially when you’re trying to recover from an injury or illness.

We’re committed to protecting your privacy and explaining your legal rights clearly, so you can stay informed, confident and focused on your recovery. We encourage you to ask questions at any time, and make sure your information is kept confidential and secure.

Our experienced lawyers have a long history of protecting the rights of people who have been unfairly treated. We offer free initial consultations where we can advise you on your legal rights and entitlements to compensation. We also represent clients on a No Win, No Fee basis, meaning you only pay our fees if we win. Contact us today.