AI Users Beware - AI and the law

I wanted to share something going out in tomorrow’s newsletter regarding the use of AI or LLM’s with respect to legal issues. This is becoming a huge problem, and I can’t tell you how many times I see discovery, motions, or other “legal” documents that were drafted by AI.

Many people now use AI chatbots like ChatGPT and Claude as a starting point when dealing with legal issues. It makes sense. They're fast, they're easy to use, and they can help you think through a problem. I get it.

But a federal judge just made a ruling that changes the calculus. In United States v. Heppner, the court held that conversations a person had with an AI chatbot about their legal case were not confidential and could be disclosed to the opposing side. The judge found that AI is not an attorney, that consumer AI tools don't promise to keep your information private, and that using one is essentially the same as sharing your legal strategy with a third party.

Here's what I'd like you to take away from this:

If you are currently involved in a legal matter, whether it's a case I'm handling for you or something else, please do not use Al chatbots to discuss, research, or organize information about it. Those conversations could be discoverable and potentially harmful to you.

If you've already done this in connection with your case (or a case you may be planning to bring), be sure to bring it up to your attorney (or bring it up in the consultation) so that it can be discussed. There's no judgment here. This is a rapidly evolving technology, and the legal world is just now bringing its evolution into focus. This decision represents a first - it's a brand-new issue, and most people (non- lawyers and lawyers alike) had no idea this was a risk. But based on this decision, you're likely going to run into questions in discovery concerning generative AI and it can impact your case. This is true even if you delete the chat history, which could itself create additional legal issues, including potential spoliation concerns.

The key takeaway here is that Al is no substitute for an attorney, and protections you have with your attorney are still in place - they just don't extend to posing legal questions (or making factual admissions) to AI. As always, the best way to protect yourself is to consult a licensed attorney rather than a chatbot. That's what we're here for. Please don't hesitate to reach out if you have any questions!