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TL;DR: A federal court ruled that NY legal professionals entering client data into ChatGPT waive attorney-client privilege, treating AI as a third party.
Most attorneys today understand that artificial intelligence is on the rise, and that it is particularly useful when it comes to summarizing cases and conducting legal research. However, what many attorneys may not yet fully appreciate is that using these tools could come with consequences that extend far beyond convenience. A recent federal court decision out of New York is now forcing lawyers and law firms to take a much closer look at how they use platforms like ChatGPT, and more importantly, what they choose to share with them. The case, United States v. Heppner (S.D.N.Y., Feb. 2026), is one of the first to directly confront whether communications with an AI platform, like ChatGPT, are protected by attorney-client privilege. If you’re an attorney who has begun incorporating AI into your day-to-day workflow, this recent case simply cannot be ignored.
What the Court Actually Said: Chat GPT Messages Are NOT Privileged
In Heppner, the court determined that communications exchanged with an AI platform were not protected by attorney-client privilege or the work-product doctrine. This included both the information entered into the system and the responses generated by it.
To understand why, it is important to look at how the court approached the issue. Rather than creating a new rule specifically for artificial intelligence, the court applied long-standing principles that have governed privilege for decades.
Attorney-client privilege is designed to protect confidential communications between a client and an attorney made for the purpose of obtaining legal advice. In this case, the court made it clear that an AI platform does not qualify as an attorney, and therefore, communications with it do not fall within that protected relationship.
Additionally, and just as importantly, the court emphasized that these communications were not considered confidential. When a user inputs information into a public-facing AI tool, that information is effectively being shared with a third party. As a result, any claim of privilege may be lost. In practical terms, the court’s reasoning comes down to a few main points. They are as follows:
- An AI platform is not an attorney
- Communications with it are not protected legal advice
- Inputting information may be treated as sharing it with a third party
- Sharing information with a third party can waive privilege
Why This Matters for Law Firms & Attorneys
The use of AI tools like ChatGPT has already become fairly common for many law firms. Attorneys are using these platforms to assist with generating ideas, reviewing concepts, summarizing cases, and otherwise streamlining certain aspects of their work.
At first glance, these uses may seem entirely harmless. However, the risk begins the moment client-specific or sensitive information is introduced into the equation.
Does Sharing Case Facts With ChatGPT Waive Privilege?
If an attorney inputs facts about a case, internal strategy, or any form of confidential communication into an AI platform, there is a real possibility that doing so could waive attorney-client privilege. In other words, something that would otherwise remain protected could potentially become discoverable. Rather obviously, this is a significant issue.
The “Third-Party” Problem
One of the critical issues in this case is how AI platforms are treated under existing legal principles.
In Heppner, the court effectively viewed the AI tool as a third party. This is significant because privilege is generally waived when confidential information is shared with someone outside of the attorney-client relationship.
As you know, this concept is not new. Courts have long held that privilege can be lost when sensitive information is disclosed to third parties, whether intentionally or not. The difference now is that AI tools are being placed into that same category.
Even if a platform has certain privacy features, the act of sharing information with a non-attorney entity may still be enough to raise serious concerns regarding privilege. Put simply, from the court’s perspective, using an AI tool may be treated similarly to the following:
- Forwarding a privileged email to an outside party
- Discussing legal advice in a public or semi-public setting
- Sharing internal case details with someone not involved in the matter
Does This Apply to Every AI Tool?
At this point, the answer is not entirely clear, which is part of what makes this issue so important.
The decision in Heppner focused on a consumer-facing AI platform. It did not address situations where a law firm may be using a private, internally controlled system or working with a vendor under strict confidentiality agreements.
Because of this, there is still some uncertainty surrounding how courts may treat different types of AI tools moving forward. It is possible that more secure, controlled environments could be viewed differently. However, as of now, there is no definitive rule that attorneys can rely on.
What Law Firms Should Do Right Now
While this decision does not mean that law firms need to stop using AI altogether, it does mean that they should proceed with caution. Some of the most practical steps firms can take to protect themselves are as follows:
- Avoid entering any client-specific or sensitive information into public AI platforms
- Use AI tools only for general, non-confidential purposes
- Establish clear internal policies regarding AI usage
- Ensure attorneys and staff understand what should and should not be shared
- Carefully review vendor terms, data practices, and confidentiality protections
Ultimately, a good rule of thumb is that if you would not share certain information with a third party, it is best not to share it with an AI platform either.
From Manhattan courts to upstate, attorneys practicing in New York State must protect local data.
If you have further questions about trends in the AI or legal marketing world, or would like to know more about how we can ensure your website stays compliant while also delivering impactful results, please don’t hesitate to contact Accel Marketing Solutions, Inc. today.