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Privilege as code, and the log that survives a sanctions motion — step 2 of 8

The routing table

Run it. Same strategy memo, two different tools, two different answers — that's the entire argument for writing this as code.

Walk the pieces:

  • TOOLS is the vetting checklist, frozen. Three questions per tool, straight from Opinion 512's Rule 1.6 analysis: is it cleared for client work, does the vendor train on inputs, and who cleared it, when. consumer-chatbot fails everything — it's in the table anyway, because a router that doesn't know about a tool can't block it. vendor-summarizer is the subtle one: cleared for confidential client work, but it trains on inputs. firm-assist is the full stack — cleared, no-training, with a named clearance. The cleared_by field isn't decoration; when a tool's terms change, you need to know whose review is now stale.
  • The privileged rule is the strictest and runs first. Privileged material — attorney-client communications, work product — moves only through a tool that is both cleared and no-training. That's the distinction the early-2026 privilege decisions turned on: in Heppner, disclosure to a third-party AI platform destroyed work-product confidentiality, while enterprise tools with confidentiality and no-training commitments get analyzed differently. Your router encodes the difference the courts are drawing.
  • Even the ALLOW is not a shrug. Privileged content through the cleared tool returns "ALLOW — log it; flag for Rule 502(d) coverage check." The disclosure still happened; the mitigation commentators recommend — a 502(d) order where available, ESI-agreement coverage — still needs a human to confirm it's in place. The router's job is to make sure that flag gets raised every time, not just when someone remembers.
  • The third request is the one that saves careers. "Strategy memo tightened via vendor-summarizer" feels safe — the tool is cleared, it's on the approved list, people use it all day for contract work. Blocked. Cleared-for-confidential and cleared-for-privileged are different clearances, and the training flag is why. This is precisely the distinction a tired human runs past at 11pm and a lookup table never does.

Notice what stayed human. Counsel classified the tools; counsel decided the two booleans on each request are worth deciding carefully; a lawyer still judges whether a given memo is actually work product. The router automates none of that judgment — it automates the consistency, which is the part humans are worst at under deadline.