AI Use May Waive Attorney-Client Privilege: What a Recent Federal Court Decision Means
A recent federal court decision highlights a growing legal risk for individuals and businesses using artificial intelligence tools while involved in a legal dispute or investigation. In U.S. v. Heppner, a judge ruled that documents created using a public AI platform were not protected by the attorney-client privilege or the work-product doctrine, allowing prosecutors to review them.
What happened in the case
The defendant used a consumer AI platform to generate written materials after learning he was the target of a criminal investigation. He later shared those materials with his attorneys and argued they should be protected from disclosure.
The court disagreed.
Judge Jed S. Rakoff ruled that the communications were not privileged because:
The AI platform was not an attorney or agent of the attorney
The communications were not confidential, since the platform’s terms allowed data collection and sharing
The documents were created without direction from counsel
The work-product doctrine did not apply because the materials were not prepared by or at the request of a lawyer
The court emphasized that new technology does not change long-standing legal rules governing privilege and confidentiality.
Why this decision matters
This ruling reflects a growing concern in the legal community: people often use AI tools to research legal issues or prepare responses without realizing that doing so may waive important legal protections.
Courts may treat communications with public AI platforms the same way they treat conversations with friends, coworkers, or other third parties — meaning they are not confidential and not privileged.
The decision also suggests that AI-generated materials could become discoverable in litigation, especially if they are created without attorney involvement.
Key takeaways
Do not assume AI conversations are private
Do not use public AI tools to analyze your legal situation without speaking to a lawyer
Sharing case details with AI may waive privilege
Materials created without attorney direction may not be protected
As AI becomes more common, courts are likely to see more disputes over whether AI-generated content must be disclosed.
How our firm can help
At PK Boston Law, we advise clients on how to protect confidential information and avoid unintended waiver of attorney-client privilege, especially when using new technologies.
We can help you:
Understand what is and is not protected by privilege
Develop safe communication practices during investigations or litigation
Respond to subpoenas, document requests, and government inquiries
Navigate legal risks related to AI, data privacy, and electronic communications
If you have questions about confidentiality, privilege, or the use of AI in connection with a legal matter, contact our office to discuss your situation.
