
Your AI Chats Can Be Used Against You in Court—Law Firms Are Scrambling
Your AI Chats Can Be Used Against You in Court—Law Firms Are Scrambling Price data by News Artificial Intelligence Your AI Chats Can Be Used Against You in Court—Law Firms Are Scrambling Two months after a New York...
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Piyasa gündeminde öne çıkan haber: Your AI Chats Can Be Used Against You in Court—Law Firms Are Scrambling Price data by News Artificial Intelligence Your AI Chats Can Be Used Against You in Court—Law Firms Are Scrambling Two months after a New York federal judge ruled AI conversations can be seized by prosecutors, more than a dozen major law firms have issued warnings to clients. By Jose Antonio Lanz Edited by Guillermo Jimenez Apr 16, 2026 Apr 16, 2026 5 min read Lady Justice. Source: Shutterstock/ Create an account to save your articles.
Add on Google Add as your preferred source to see more of our stories on Google. In brief A federal court ruled AI chats lack legal privilege because Claude holds no law license. Now, big law firms are adapting their strategies accordingly, even though legal views are conflicting.
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Enterprise AI tools, used under attorney direction, may still qualify for protection. Two months ago, a federal judge in New York ruled that a fraud defendant's private conversations with Anthropic's Claude were fair game for prosecutors. Now, the legal industry is still processing what that means—and it is doing so fast.
More than a dozen major U. law firms have since issued client advisories warning that conversations with AI chatbots like Claude and ChatGPT carry no legal protection when they touch legal matters. Some have gone further: firms are now embedding that warning directly into the contracts they sign with clients before representation even begins.
According to , New York firm Sher Tremonte—which regularly represents white-collar criminal defendants—added language to a March engagement agreement stating that "disclosure of privileged communications to a third-party AI platform may constitute a waiver of the attorney-client privilege. " It is believed to be among the first firms to translate a court ruling into a formal contractual obligation for clients. "We are telling our clients: You should proceed with caution here," Alexandria Gutiérrez Swette, a lawyer at New York-based Kobre & Kim, told .
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Other firms are now racing to set guardrails. reports that O'Melveny & Myers and others have told clients to use only "closed," enterprise-grade AI systems, acknowledging that even enterprise AI remains largely untested in court on this question. Debevoise & Plimpton went a step further with tactical advice: If a lawyer specifically directs a client to use an AI tool, the client should say so inside the chatbot prompt itself.
The firm suggested writing "I am doing this research at the direction of counsel for X litigation. " The idea seems to be setting the conditions to invoke the Kovel doctrine, which can extend attorney-client privilege to non-lawyers working as an attorney's agent. The urgency traces back to United States v.
Heppner , decided in February by Judge Jed Rakoff of the Southern District of New York.
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