Protecting Your Legal Communications in the AI Era

At Arnold Gruber, Ltd., staying ahead of developments that could affect your legal rights, and confidentiality is one of our top priorities. That’s why we’re sharing this important update with you today.

A recent Reuters article highlights a growing trend among U.S. law firms: attorneys are now actively warning clients not to treat popular AI chatbots (such as OpenAI’s ChatGPT or Anthropic’s Claude) like trusted advisors when your freedom, liability, or legal strategy is on the line.

Why the caution?

Conversations with AI tools are generally not protected by attorney-client privilege. In a landmark ruling earlier this year, a federal judge in New York ordered a defendant (the former CEO of GWG Holdings) to turn over 31 documents he had created with Claude while preparing reports for his attorneys. The court made it clear: no attorney-client relationship exists—or can exist—between a user and an AI platform. Prosecutors successfully argued that these AI-generated materials were discoverable because they were not created directly with counsel.

While a separate Michigan case treated a self-represented litigant’s ChatGPT chats as protected “work product,” the safer rule for clients represented by counsel remains: AI chats can be demanded by prosecutors in criminal cases or by opposing parties in civil litigation.

Major firms across the country—including ours—are now taking proactive steps:

·      Sending client advisories

·      Updating engagement agreements

·      Providing practical guidance on how to minimize risk

At Arnold Gruber, Ltd., we recommend:

1. Never share privileged, case-specific, or strategy-related information with public AI tools.

2. If you need AI assistance for research or drafting, do it only at our direction and include clear language in your prompt, such as: “I am doing this research at the direction of counsel for litigation.”

3. Consider “closed” or enterprise AI systems (designed for corporate use) when possible—these may offer stronger protections (though the law in this area is still developing).

4. Review our engagement letter—many firms, including Arnold Gruber, Ltd., now include explicit language stating that disclosing privileged communications to a third-party AI platform may waive attorney-client privilege.

Your conversations with us remain fully protected under U.S. law. AI chatbots are powerful tools, but they are not your lawyers. The safest approach is still the oldest one: discuss your case only with one of our firm’s attorneys.

If you have questions about this advisory, want guidance on using technology safely in your matter, or simply wish to discuss how this applies to your specific situation, please reach out to our firm’s attorneys. We’re here to help you navigate these evolving issues with confidence and clarity.

Thank you for trusting Arnold Gruber, Ltd., Attorneys at Law, with your most important legal matters. We remain committed to protecting your interests in every way possible.

Richard W. Arnold, Esq

Michael S. Gruber, Esq.