Questions to AI Models May Be Discoverable

The US District Court in New York held that a defendant’s written exchanges with a public AI platform were not protected by the attorney-client privilege or the work product doctrine.

WHY THIS IS IMPORTANT… The government seized documents memorializing the defendant’s interactions with the public platform. Defense counsel asserted privilege. The court found that the defendant’s communications were not protected by the attorney-client privilege because they were not made between the client and the attorney and were not confidential. The platform included an express disclaimer stating that it cannot provide legal advice. The client’s use of AI to answer legal questions or test legal theories is discoverable and likely usable against the client.