What is legal professional privilege?

Legal professional privilege is one of the most important rights in the legal system.

It protects confidential conversations between a lawyer and their client.

This means you can speak openly with your lawyer without worrying that your discussions will later be used against you in court.

The protection exists so that lawyers can give accurate advice based on complete and honest information.

But there is an important catch.

The protection generally only applies when the communication is:

between a client and a lawyer;

confidential; and

for the purpose of obtaining legal advice.

The Heppner case

Bradley Heppner was under criminal investigation.

Instead of speaking only with his lawyer, he asked the AI chatbot Claude for legal advice.

Police later obtained copies of those conversations.

Heppner argued that the chats should be protected by legal professional privilege.

The court disagreed.

The judge gave three simple reasons.

Claude is not a lawyer.

The conversations were not truly confidential because the chatbot's terms allowed user information to be stored and used.

Claude clearly states that it does not provide legal advice.

Why does this matter in Australia?

Australian law also protects confidential communications between lawyers and their clients.

Although no Australian court has yet decided an AI privilege case, the same principles are likely to apply.

If you discuss your legal problems with an AI chatbot instead of your lawyer, those conversations may not be protected.

The lesson

AI can be a useful tool.

It can explain legal concepts, help organise documents and answer general questions.

But it is not your lawyer.

If your legal problem is confidential, or you may end up in court, do not assume your conversations with AI are private.

When it comes to protecting your legal rights, nothing replaces confidential advice from a qualified lawyer.