Artificial intelligence tools like ChatGPT and Claude are becoming increasingly common in both business and personal use—but a recent federal court decision highlights the serious legal risks that can arise when AI is used in connection with legal matters.
In United States v. Heppner (2026), a New York federal court ruled that communications between a criminal defendant and a generative AI platform were not protected by attorney-client privilege or the work product doctrine, even when the AI was used to analyze facts discussed with counsel. The court found that AI platforms do not create an attorney-client relationship, are not confidential due to their data policies, and cannot provide legal advice.
This article explores the court’s reasoning, the potential consequences of using open-source AI tools for legal research or strategy, and the practical steps both clients and attorneys should take to protect privilege and confidentiality in an evolving AI landscape.
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