Framework v0.1 now in public review — comment period open through July 31, 2026 Issued by the Privilege Ready Council · Stewarded by Melade, Inc.
Framework v0.1 · Released April 2026

The standard for
preserving privilege
in the age of AI.

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.

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Pillars
Five
Attestation Levels
Three
Primary Authority
U.S. v. Heppner
Governing Ethics
ABA Op. 512
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The Impetus

A first-of-its-kind ruling changed the rules of privilege.

"The implications of AI for the law are only beginning to be explored." — Judge Jed S. Rakoff, United States v. Heppner, S.D.N.Y. 2026

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.

Five pillars.
Derived from the ruling. Structured for attestation.

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.

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I

Confidentiality ArchitectureCritical

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.

Six Criteria
  • DPA / BAA executed1.1
  • No-training commitment1.2
  • No third-party sharing1.3
  • Data segregation1.4
  • Encryption standards1.5
  • Annual policy review1.6
II

Counsel Supervision & Direction

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.

Five Criteria
  • Written AI Use Policy2.1
  • Documented supervision2.2
  • Model Rule 5.3 reference2.3
  • Attorney training records2.4
  • Designated responsible attorney2.5
III

Audit Trail & PreservationCritical

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.

Five Criteria
  • Write-once preservation3.1
  • Matter-level metadata3.2
  • 72-hour producibility3.3
  • Retention policy3.4
  • RBAC & access logging3.5
IV

Client Engagement Protocol

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.

Five Criteria
  • Engagement letter AI Rider4.1
  • Work product disclosure4.2
  • Written AI Advisory4.3
  • Acknowledgment log4.4
  • Corporate client coordination4.5
V

Governance & Continuous Review

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.

Five Criteria
  • AI Compliance Officer5.1
  • Annual self-assessment5.2
  • Case-law monitoring5.3
  • Incident response protocol5.4
  • Annual attestation5.5
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Three levels.
One standard.

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.

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Level 2

Advisor-Reviewed

Self-assessment reviewed by a qualified external attorney or Privilege Ready Advisor. Suitable for mid-sized firms and RFP responses.

  • Self-assessment reviewed by Privilege Ready Advisor
  • Findings letter issued by reviewer
  • Mid-year check-in on critical pillars
  • Recommended for firms 25–100 attorneys
Level 3

Certified

Independent third-party audit against the current Framework version. Suitable for large firms, client-facing certification, and insurer recognition.

  • Third-party audit by accredited assessor
  • Formal certification issued annually
  • Public listing on the Privilege Ready registry
  • Phase 2 — available 2027
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The Framework is a living standard.

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.

Version History
v0.1 CURRENT
Public review draft. Five pillars, three attestation levels, self-attestation template released.
Apr 2026
v0.2
Reference architecture companion document. State-specific overlays for NY, PA, CA, TX, IL.
Q3 2026
v1.0
Public release. Council constituted. First Level 2 Advisor-Reviewed attestations accepted.
Q1 2027
v2.0
Agentic AI workflows. Cross-border privilege overlays. Level 3 Certification program.
TBD

The Privilege Ready Council.

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.

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Founding Advisor · Legal
Wendy Chan, Esq.
Founding Legal Advisor to Melade, Inc. Former commercial litigator. Authored the initial pillar scoring rubric and attestation methodology.
Seat Open
Bar Association Representative
Seat Open
Academic Advisor
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Shape the standard.

The Framework is in public review through July 31, 2026. Submit comments, nominate Council members, or subscribe for version updates.

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Submit a comment on v0.1

Formal comments from practicing attorneys, compliance leaders, and academic reviewers are incorporated into the v0.2 revision.

Thank you. Your comment has been received and will be reviewed by the authoring team.

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Notifications when new versions are released, when material court rulings affect the Framework, and when the Council posts bulletins.

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