Think Twice Before Using an AI Chatbot for Your Legal Case
by Jim Siemens
People are increasingly turning to AI chatbots, like Claude, Gemini, CoPilot and ChatGPT, for answers and guidance on nearly every aspect of their lives – including their legal matters. If you are considering using a public AI platform for your legal matters, it is important to consider the possible ramifications surrounding confidentiality.
In February 2026, a federal court in the Southern District of New York issued a ruling in U.S. v. Heppner addressing whether the defendant’s queries and responses with a public generative AI platform were protected by the attorney-client privilege. The judge in the Heppner case ruled that the communications and documents generated by the defendant with the Claude AI chatbot, a publicly accessible third-party platform, did not qualify for attorney-client privilege. The judge noted that the defendant used the AI chatbot on his own initiative, the Claude chatbot’s privacy policy allows users’ data to be disclosed to third parties, and that the defendant’s attorney did not direct or participate in the AI chatbot conversations. This means that conversations and documents generated with a public AI chatbot may be deemed discoverable and admissible as evidence in a case. Communications with your attorney lose their status of “attorney-client privilege” once they have been shared with a third party who does not maintain confidentiality.
In the context of family law and divorce, the reasoning in the Heppner case may open the door for opposing counsel to request, via subpoena or through discovery, your public AI chatbot conversations and any documents you may have generated. If you have used a public AI chatbot to discuss your case, this could expose private communications with your attorney, as well as your strategy or concerns regarding child custody or family financial matters. It could also reveal potentially damaging or incriminating information about your case such as details of an affair or contradictory testimony.
If you are involved in a family law dispute that involves child custody and support, postseparation support, alimony, and/or equitable distribution, the best course of action would be to avoid using public AI chatbots to discuss any aspects of your case. Specifically, it is recommended that you avoid uploading or disclosing to a public AI chatbot any of the following:
Documents, correspondence, or communications received from your attorney or between you and your attorney;
Valuations or appraisals;
Financial documents;
Witness testimony;
Legal strategies or settlement proposals;
Photographs;
Personal information or details that you want to remain private.
If you believe your case would benefit from using an AI chatbot, such as to discuss legal strategy, provide an analysis of a business valuation, deposition transcript, or other evidence, you can protect yourself by first discussing the matter with your attorney. Your attorney may be able to direct the use of the AI chatbot or make other suggestions to help ensure any conversations or documents generated become protected by attorney-client privilege or attorney work product.
Siemens Family Law Group is a premier family law firm proudly serving clients in Asheville and throughout Western North Carolina. Our exclusive focus on family law allows us to stay at the forefront of the latest legal developments and trends ensuring our clients receive informed, up-to-date representation. Our core mission is to deliver justice through effective advocacy. Contact us today to see how we can assist you in your family law case.
This article is for information purposes only and should not be relied on or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.