Clients Beware: There is No Attorney-Client Privilege Protecting Your Communications with Chatbots


Category: AI Use

April 23, 2026

A recent federal court ruling serves as an important warning for anyone using AI chatbots like ChatGPT or Claude when dealing with legal matters. In February 2026, a Manhattan federal judge ruled that a former CEO facing securities and wire fraud charges was required to turn over documents he had created using an AI chatbot to prosecutors, finding that no attorney-client relationship exists between a user and an AI platform. This means those conversations had no legal protection. 

As a result of this ruling, law firms nationwide are cautioning clients that AI chat histories can be subpoenaed by prosecutors or demanded by opposing parties in civil litigation. Both Anthropic and OpenAI’s terms of service acknowledge that user data may be shared with third parties. The takeaway is simple: when it comes to your legal matters, speak freely with only your attorney, not an AI. 

For a more complete discussion see the recent article in Reuters here. 

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