Articles Tagged with attorney-client privilege

People now ask ChatGPT and Claude everything, including what to do after an arrest, whether the police can prove a case, and how to explain suspicious facts. If you have been accused of a crime, that can be a serious mistake. A recent federal court opinion shows why people should be very cautious before typing case facts, strategy, timelines, or explanations into a consumer AI platform.

A recent opinion from the Southern District of New York, United States v. Heppner, addressed whether a criminal defendant’s communications with the AI platform Claude were protected by the attorney-client privilege or the work-product doctrine. On the facts before it, the court said no.  The Harvard Law Review’s discussion of the decision is worth reading, and helped inspire this article.

The practical lesson is straightforward. AI is not your lawyer. A public AI platform is not the same thing as a confidential legal channel. If you are under investigation, worried about charges, or already facing prosecution, you should assume that discussing your case with AI can create risks your lawyer would rather have avoided.