Chat GPT is Not Your Lawyer

We’re living in the age of artificial intelligence (AI), and everywhere you turn, companies and services are utilizing AI in an effort to better serve clients. Individuals are using generative AI services to answer their every question, from simple to complex. There seem to be very few fields in which AI is not becoming integral to how business is done. One notable exception is the legal field. While some industry-specific AI tools are sanctioned, average, everyday chatbots have no place in a legal case.

At the Law Offices Of Cara L. Santosuosso, LLC, our friendly and skilled collaborative divorce lawyers rely on experience and deep knowledge. While we are not averse to using technology to better serve our clients, there are times when it simply is not appropriate. Here we will discuss why the use of AI tools can be harmful or even detrimental to your legal proceedings, based on recent legislation.

The Case In Question

In February 2026, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York issued a ruling regarding some key documents that were prepared using generative AI. He determined that these were not protected by attorney-client privilege or the work-product doctrine. The defendant in the case (United States v. Heppner) was up against fraud charges, and had used an AI tool to generate “legal advice” which the defense counsel asserted was privileged, as the documents were crafted by the client to eventually use in discussions with their attorney. These documents were seized at the time of arrest, and were eventually found to not hold any sort of privileged status.

What Is Attorney-Client Privilege?

If you have watched any legal dramas, you have surely heard this term. Attorney-client privilege is a legal rule that protects any form of confidential communications–written, oral, and electronic–that take place between a client and their attorney and/or legal team. This rule enables lawyers to keep discussions with clients private, removing any requirement to share details in court or with third parties.

Attorney-client privilege enables clients and their divorce lawyer or Cleveland adoption attorney to have open, honest communication, giving clients an opportunity to receive the best possible legal counsel. The primary purpose of this privilege is to seek, obtain, or receive legal advice, and interestingly, the privilege belongs to the client, who can choose to waive it by sharing the information with a third party. A conversation that a client expects to fall under this privilege must also be made in confidence, with a reasonable expectation that outsiders are not listening. One of the few exceptions to the attorney-client privilege rule if a client is sharing plans with their lawyer that point to a future crime.

In the case mentioned above, the defendant’s AI-generated documents did not fall under the attorney-client privilege rule because, according to the court, the AI tool was clearly not acting as an attorney. Any information shared with the chatbot that was related to the defendant’s charges or crimes was not protected. An additional, pivotal detail, is that the documents in question were not prepared at the direction of the defense attorneys. This was an independent act that was as good as telling a third party and so null and voided any protection for the details contained in the seized documents.

What Is The Work-Product Doctrine?

The work-product doctrine is separate from but often used in relation to the attorney-client privilege rule. This legal protection is an evidentiary rule that shields documents and tangible materials that have been gathered or prepared by an attorney, private investigator, paralegal, insurer or other representatives of the client in anticipation of litigation following the discovery process by opposing counsel. The purpose of the work-product doctrine is to protect trial preparations to ensure fairness. Types of work included can range from basic factual compilations, witness statements, and tangible evidence to opinion-based work like mental impressions, conclusions, opinions, or legal theories.

In the case of the defendant accused of fraud, the materials crafted using AI tools were made by the client, not the attorney or any other representative of the defendant. They were also made completely independent of the defense counsel or their team. Since the documents were not made by an attorney or other client representative, they were deemed to fall outside of the scope of the work-product doctrine’s protection.

AI And Legal Proceedings

Documents drafted with the help of AI tools do not constitute legal advice–ChatGPT is not anyone’s lawyer. Since the material is not the result of an attorney’s or other representative’s efforts, it is not likely to be covered by the legal protections afforded by the attorney-client relationship or the work-product doctrine. Not only is the individual creating documents without an attorney’s direction, but they are also sharing private information with a public-facing AI platform that does not promise to be loyal to users and does not owe them confidentiality. More than anything else, the materials that result from using a chatbot to obtain legal information is seen as nothing more than independent research that the client later shared with their counsel.

The lesson here is that clients who attempt to use public-facing generative AI platforms as a way to gain legal insight into their case may forfeit protections afforded under the attorney-client privilege and the work-product doctrine. Any details shared in these documents could be left vulnerable to disclosure by the opposing side. While AI tools can be helpful and increase efficiency in certain use cases, turning to them for legal advice is not one of these areas.

At the same time, some legal professionals and divorce lawyers in Cleveland do use AI tools that have been specifically designed for that purpose. Tools exist for legal research, contract review and drafting, and case strategy and discovery that use AI for efficiency’s sake, but the platforms must meet strict security parameters and rely on verifiable primary law databases.

Implications and Takeaways

While the ruling by the U.S. District Court for the Southern District of New York does not yet set a binding precedent for divorce attorneys in Cleveland, the decision makes sense. Sharing private legal information with a third-party platform that may not be confidential could jeopardize your legal case. Working outside of the scope of direction from a legal professional can also compromise your confidentiality and enable the opposing side to learn key details that they may not have been able to otherwise.

For legal professionals, there are also takeaways. AI tools that are not verified for use in their field can ‘hallucinate’ and provide false information, and so should never be used when preparing materials for a legal case. Divorce attorneys and all other lawyers must exercise due diligence and take the ethical route and use only reliable AI technology. Accuracy and thoroughness are hallmarks of the legal profession, and over-using AI can severely compromise these valuable traits.

Lawyers also need to warn clients about this risk and ensure that clients are not using generative AI chatbots or other tools to draft documents or to try and gain legal advice. This simple action may be enough to undermine a client’s case. As technology evolves, finding ways to make it work within the constraints of attorney-client privilege will continue to demand the court’s attention.

Experienced Divorce Attorneys in Cleveland, Ohio

In a time when AI is everywhere, all the time, it takes discernment to know when and how it is best used. The skilled divorce lawyers at the Law Offices Of Cara L. Santosuosso, LLC understand the relevant risks and threats, and we employ our hard-earned expertise to ensure that clients are always well-informed and well-represented. When you work with us, you can trust that we are your best advocates. If you are considering divorce and want the most amicable outcome, or need professional legal guidance through child custody arrangements, child support and more, please contact our team of collaborative divorce lawyers to discuss your case.