Think Before You Tell AI Your Problems: Attorney-Client Privilege Protection
Artificial intelligence tools are everywhere. People use them to write messages, get advice, and even ask legal questions. But a recent federal court case shows why you should be careful about what you share. Have you considered AI when considering attorney-client privilege?
In the case, a man facing criminal charges used an AI program to help him think through his legal defense. Later, the government got copies of his AI conversations. He argued those chats should be private, like talking to a lawyer.
The court disagreed.
The judge ruled that what he told the AI was not protected by attorney-client privilege and could be used in the case.
Here’s why.
First, AI is not a lawyer.
Attorney-client privilege only protects communications between you and your attorney. An AI tool cannot give legal advice or create that protected relationship.
Second, AI platforms are third parties.
When you type into an AI system, your information is sent to outside servers. That means you are sharing it with a third party, which can destroy confidentiality.
Third, giving the AI output to your lawyer later doesn’t fix it.
Once information is shared outside the attorney-client relationship, privilege may already be lost.
Why This Matters
People often share very personal information with AI, including:
- legal troubles
- money problems
- work conflicts
- family disputes
- business issues
Once shared, that information could potentially be stored, reviewed, or obtained in legal proceedings.
A Simple Rule
If you wouldn’t want it read in court, don’t put it into AI.
What You Should Do Instead
- Talk directly to your lawyer about legal issues.
- Avoid sharing sensitive details with AI tools.
- Ask your attorney before using AI for legal questions.
AI is helpful, but it is not private. When the stakes are high, a real lawyer is still the safest place to start.
If you need legal assistance, please do not hesitate to contact our office. We handle many different types of cases and have attorneys on staff who are ready and willing to assist. Additionally, there is no question regarding attorney-client privilege when you contact an actual attorney.
About the Author
Chiumento Law, PLLC is one of the oldest law firms in Flagler and Volusia counties. The well-respected law firm is a full-service firm, with attorneys providing legal services to individuals, families, and businesses in Florida in a broad range of areas. Our practice areas include Personal Injury Law, Bankruptcy Law, Family Law, Estate Planning, Business and Corporate Law, Real Estate Law, Immigration Law, Elder Law, Criminal Law and Construction Law. The firm has offices in Palm Coast and Ormond Beach and handles both criminal and civil cases. At Chiumento Law, PLLC, we are proud of our long-term commitment to the Flagler and Volusia County community. Our lawyers are all active community members, and many have served in multiple positions in local government and community organizations.