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ECA recent federal case, United States v. Heppner, is a wake-up call for anyone using generative AI.
In this February 2026 decision, the court ruled that a defendant’s interactions with a public AI platform were not protected by attorney-client privilege or the work-product doctrine. That means those conversations were discoverable by the government.
The reasoning is straightforward. Privilege depends on confidentiality, and using a public AI tool involves sharing information with a third party. The court made it clear that AI is not your lawyer, and those communications are not protected in the same way.
The takeaway is simple but critical. Do not assume your AI conversations are private, especially when discussing legal strategy or sensitive facts.
If it matters, talk to your attorney, not a chatbot.
#litigation #attorneyclientprivilege #legaltips #aiandlaw #confidentiality lawyerlife
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