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BASED ON US v. HEPPNER (SDNY, FEB 2026)

AI Privilege Risk Checklist

A federal judge ruled that documents created through consumer AI are not protected by attorney-client privilege. This checklist helps you assess whether your firm is exposed.

5 minutes to complete7 audit questionsActionable next steps

What This Checklist Covers

  • 7 diagnostic questions to assess your firm's AI privilege exposure
  • Risk classification framework (High / Medium / Lower) based on Heppner reasoning
  • Tool-by-tool analysis — which AI tools waive privilege and which don't
  • 4-step action plan to implement before your next filing
  • ABA ethics alignment — how to satisfy Formal Opinion 512 after Heppner
  • Template AI policy language you can adapt for your firm today

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