Is Your Chat with ChatGPT Confidential? Think Again!
Are you tempted to use ChatGPT or other AI tools for legal advice, or even for support with sensitive personal matters? Hold that thought! It's absolutely crucial to understand that, unlike your confidential discussions with a licensed attorney, your chats with AI are not protected by attorney-client privilege.
This isn't just a hypothetical concern. OpenAI's CEO, Sam Altman, recently highlighted this very issue, cautioning users that private details shared with chatbots are fair game for disclosure in legal proceedings. Many people are turning to AI for help with legal issues, without ever considering that these seemingly private conversations aren't confidential and could very well come back to haunt them.
The simple truth is that current privacy rules haven't caught up with the rapid pace of technology. Anything you share with an AI platform may, under certain circumstances, be disclosed if the platform is compelled by law.
As AI tools become increasingly integrated into our daily lives, it's vital to grasp that these chats offer none of the legal protections found in your confidential discussions with a lawyer. Until regulations evolve, it's best to treat any AI-powered chat as public. This means you should never share personal, sensitive, or incriminating details that you wouldn't want made available to an opponent in a legal proceeding.
The Use of Generative AI Tools by Clients: A Word of Caution
We need to make this crystal clear: content shared with most publicly available generative AI tools is not protected by attorney-client privilege or legal confidentiality. Any information you enter into these platforms can become accessible in legal proceedings, and providers may be compelled to disclose it in response to subpoenas or other legal processes. For this reason, we strongly advise against using AI tools to ask questions or input details about your legal matter without discussing it with us first.
Furthermore, please do not use AI to draft legal documents, conduct legal research, or generate case citations. These uses frequently lead to inaccurate or misleading information. If you do use AI-generated content in connection with your matter, we ask that you disclose it to us. This allows us to review it appropriately, as correcting inaccurate material may unfortunately increase the time and cost of your case.
Do you have any questions about the confidentiality of your communications with us or the use of AI in legal matters? We're here to help clarify any concerns.