PAY ATTENTION! This applies to YOU, so if you read only one article in our July newsletter, let it be this one.

Artificial intelligence has become part of everyday life. Millions of people now use AI tools to draft emails, summarize documents, brainstorm ideas, analyze contracts, and even seek guidance on legal, employment, and business issues.

But there is one important question many people never ask: Could my AI conversations be used as evidence in court?

The answer may surprise you.

Many people assume that conversations with AI platforms are private or protected in the same way communications with an attorney might be. However, that is generally not the case. Communications with public AI tools are NOT automatically protected by the attorney-client privilege simply because they involve legal questions.

A recent federal court decision, United States v. Heppner, reinforced this distinction. The court concluded that materials created using a public AI platform were not protected by attorney-client privilege or the work-product doctrine simply because they were later shared with an attorney.

Artificial intelligence is an incredible tool, but it is NOT a lawyer.

AI systems can generate responses that are inaccurate, incomplete, outdated, or entirely fabricated. While they often provide helpful starting points, they should never replace legal advice tailored to your specific circumstances.

We’ve seen individuals rely on AI-generated responses regarding contracts, employment issues, landlord-tenant disputes, immigration matters, and litigation strategy, only to discover that the information was incomplete or simply incorrect. We see this all too often during consultations at BridgehouseLaw: clients have already turned to AI for legal guidance before speaking with an attorney

Another important consideration is discoverability.

Depending on the facts of a case, conversations with public AI platforms may become relevant evidence in litigation, employment disputes, business disagreements, divorce proceedings, or regulatory investigations.

For that reason, before entering information into an AI platform, ask yourself one simple question:

“Would I be comfortable seeing this conversation displayed in a courtroom?”

If the answer is “no,” it may be best not to enter that information into a public AI platform without first consulting your attorney.

As AI becomes more widely used, law firms across the country are adapting to address the legal risks associated with these technologies.

At BridgehouseLaw, we are updating our engagement letters and client guidance to better educate clients on the appropriate use of artificial intelligence during the course of legal representation.

Our goal is not to discourage the use of AI. On the contrary, AI can be an incredibly valuable tool when used responsibly. However, clients should understand that sharing confidential facts, legal strategies, settlement discussions, attorney communications, or other sensitive information with public AI platforms may create unintended legal consequences. We are seeing this play out in courtroom as we speak.

The best legal strategy begins with accurate information, and sometimes that means speaking with your attorney before speaking with AI.

Artificial intelligence is transforming the way businesses and individuals work, but the law is still catching up.

If you have already used AI in connection with a legal dispute, employment matter, business issue, contract, or other legal concern, let your attorney know. Likewise, if you have questions about using AI while involved in a legal matter, contact BridgehouseLaw. We can help you navigate this rapidly evolving area while protecting your legal interests.

Again, before copying emails, contracts, legal pleadings, settlement discussions, or confidential client information into a public AI platform, speak with your attorney. A few seconds of convenience today could create legal complications tomorrow.