Attorney-client privilege is one of the most important protections for healthcare providers. It allows you to receive candid legal advice on sensitive issues, ranging from regulatory compliance to patient privacy, without fear that the information will be disclosed. However, in today’s fast-moving digital environment, privilege can be destroyed by simple missteps. Forwarding emails, removing counsel from conversations, or using AI tools without caution can all unintentionally waive your protections.

Be Careful with Email Forwarding and Recipient Lists

Forwarding an email from your attorney to another person or removing counsel from a conversation may destroy privilege. Courts frequently consider such actions as disclosure to third parties, even if the recipients are internal staff or collaborators. To protect privilege, always consult counsel before forwarding legal communications. If others in your organization need to know the information, ask whether a separate summary, prepared by counsel and stripped of privileged content, can be shared. Forwarding the original email should be avoided unless explicitly approved by your attorney.

Use Encryption Tools Thoughtfully

Modern email platforms offer features that can help protect legal communications. The “Do Not Forward” option restricts recipients from forwarding, printing, or copying messages within supported email clients. While this feature adds a valuable layer of protection, it is not foolproof. Messages can still be transcribed, screenshotted, or shared outside the email platform. Encryption tools should be used alongside careful workflow practices, not as a replacement for them. Always treat encrypted messages as confidential and limit distribution only to individuals who truly need to know their content.

Avoid Public Artificial Intelligence Tools

Generative AI tools, such as ChatGPT, create significant new risks for attorney-client privilege. Entering confidential information or legal advice received from your attorney into ChatGPT, or using public AI systems to summarize a conversation with your counsel can result in permanent exposure outside the attorney-client relationship. AI platforms often retain and process user inputs in ways beyond your control, which can destroy privilege. Do not enter any privileged or confidential information into public AI systems.

Maintain Secure Workflows

Even without forwarding or AI use, routine practices can endanger privilege. Sharing documents over unsecured platforms or placing sensitive information in cloud drives without access controls can inadvertently expose legal communications. To reduce risk, restrict access to privileged emails and documents and coordinate with counsel regarding who may receive, view, or summarize legal advice. Every internal or external distribution should be considered through the lens of privilege protection.

Adopt a Culture of Vigilance

Protecting attorney-client privilege is both a technical and cultural task. Treat all legal communications as strictly confidential, label emails and documents clearly as “Attorney-Client Communication; Privileged & Confidential,” and restrict circulation to only those who genuinely need to know. When in doubt, pause and consult your attorney before forwarding, sharing, or inputting content into digital tools. By combining disciplined practices with secure technology, you can significantly reduce the risk of unintentionally destroying privilege.