After United States v. Heppner, attorneys require a structured, auditable way to demonstrate that their AI workflows preserve attorney-client privilege and work product protection. The Privilege Ready Framework provides one.
```On February 10, 2026, Judge Rakoff ruled that thirty-one documents a criminal defendant had generated using a publicly available AI tool were protected by neither the attorney-client privilege nor the work product doctrine.
The court identified four factors as dispositive: the AI was not an attorney, the defendant was not acting at counsel's direction, the tool's privacy policy did not support a reasonable expectation of confidentiality, and the materials were generated independently of counsel. Read the full analysis →
Heppner is the first such ruling. It will not be the last. The Privilege Ready Framework translates the court's reasoning, ABA Formal Opinion 512, and ABA Model Rules 1.1, 1.6, and 5.3 into a structured operational standard that firms can audit, document, and attest to.
Each pillar maps directly to a factor the Heppner court identified as dispositive. Pillars I and III are designated as critical pillars — a firm cannot achieve Privilege Ready status without meeting both.
AI tools used in connection with client matters must be configured to support a reasonable expectation of confidentiality. Executed DPA, no-training commitment, tenant isolation, encryption in transit and at rest.
Every use of generative AI on a client matter occurs under the documented direction and supervision of an attorney. Written AI Use Policy. Contemporaneous supervision records. Training at onboarding.
AI interactions on a matter must be preserved in a form that supports privilege assertion, privilege log production, and defensible discovery response within 72 hours of lawful request.
Clients are instructed in writing regarding the use of generative AI during the course of representation. Engagement letters include an AI Rider. Advisories issued at engagement and upon material change.
The firm operates an ongoing governance program to maintain Privilege Ready status as law, technology, and practice evolve. Annual self-assessment. Case-law monitoring. Incident response.
Attestation is the formal declaration of a firm's conformance with the Privilege Ready Framework. The Framework offers three progressive levels to accommodate firm size, maturity, and commercial need.
The firm's designated responsible attorney conducts and signs the annual assessment. Suitable for solo and small firms establishing baseline compliance.
Self-assessment reviewed by a qualified external attorney or Privilege Ready Advisor. Suitable for mid-sized firms and RFP responses.
Independent third-party audit against the current Framework version. Suitable for large firms, client-facing certification, and insurer recognition.
AI, privilege law, and practice norms are evolving concurrently. The Privilege Ready Framework is maintained under a public versioning scheme, with updates triggered by material court rulings, ABA and state bar ethics opinions, and substantive shifts in AI technology.
Stewardship resides with the Privilege Ready Council, a neutral body of practicing attorneys, compliance professionals, and academic advisors. The Council will be constituted in Phase 2. Until then, stewardship is maintained by the initial authoring team under Melade, Inc.
A neutral body of practicing attorneys, compliance leaders, and academic advisors charged with maintaining the Framework. Council membership is by invitation and requires bar good standing in at least one U.S. jurisdiction.
The Framework is in public review through July 31, 2026. Submit comments, nominate Council members, or subscribe for version updates.
Formal comments from practicing attorneys, compliance leaders, and academic reviewers are incorporated into the v0.2 revision.
Notifications when new versions are released, when material court rulings affect the Framework, and when the Council posts bulletins.
Take the ten-minute audit to receive a confidential Privilege Ready Risk Report scored against all five pillars. No cost. Instant PDF delivery. Used by managing partners at firms preparing for the next Heppner.