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A recent federal decision, United States v. Heppner, addresses a growing issue in modern legal practice:
What happens to attorney–client privilege when you use artificial intelligence?
The answer is clear—and cautionary.
The Issue Before the Court
In Heppner, a party used a publicly available AI tool to generate materials related to a legal matter. The argument was that those materials should be protected under attorney–client privilege and the work product doctrine because they were based on legal strategy and later shared with counsel.
The court rejected both arguments in a novel opinion.
The Court’s Analysis
The decision applies longstanding privilege principles to modern technology.
The court found that attorney–client privilege applies only to confidential communications between a lawyer and client. AI platforms are not lawyers, not part of the legal team, and do not fall within privilege protections.
The Court’s Holdings
The court found that AI platforms may store or process user inputs and may allow access under their terms of service. Because of this, there is no reasonable expectation of privacy.
Sharing information with AI is treated as disclosure to a third party. That disclosure destroys privilege—even if it previously existed.
The court also rejected work product protection, finding that disclosure to AI undermined any such claim.
Why This Matters for Texas Injury Cases
In personal injury cases, sensitive information includes accident details, medical records, insurance communications, and legal strategy. Sharing that information with AI tools can possibly waive privilege, expose strategy, and weaken your case.
If you were injured in an accident, you should keep in mind that anything you share with AI could later be used against you.Open AI is not confidential and it is public.
The Takeaway
Attorney–client privilege depends on confidentiality. AI tools can destroy that confidentiality.This is a new and, we suspect, a rapidly changing area of the law. When in doubt, ask a lawyer directly.
Protect Your Case the Right Way
At LeMaster Law Firm, we believe your case deserves personal attention and complete confidentiality. We guide clients through every step, protect their rights, and ensure their information remains secure.
Before you trust AI with your case, talk to a real attorney.If you have questions about your injury claim or want to protect your case, contact LeMaster Law Firm today. We are here to help.
Written By Jennifer LeMaster
Jennifer LeMaster is the founder of LeMaster Law Firm, representing injured Texans in personal injury, car accident, wrongful death, and insurance bad faith cases throughout the Houston area. With more than 20 years of legal experience, including prior work as an insurance defense attorney, Ms. LeMaster brings an insider’s understanding of how insurers operate to every case she takes. She has been named to Texas Super Lawyers annually from 2021 through 2026, holds a Martindale “Distinguished” peer rating, and earned her J.D., cum laude, from the University of Houston Law Center.
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