Quick Summary

Here’s a summary of a recent court decision that sends a clear warning about using “consumer” AI tools (like chatbots) when legal trouble is brewing.  It’s not a Michigan case, it’s a federal case out of New York — but no matter where you are it gives a clear warning that AI and legal privilege don’t mix.

In this case (United States v. Heppner), a judge ruled that a person’s long, detailed chatbot conversations were not protected by attorney-client privilege and not protected as legal “work product.” That means the government (or an opposing lawyer) may have access to those “chats” and may be able to use them as evidence in a lawsuit or criminal case.

Why This Matters

Many people treat AI like a private sounding board.

They paste in facts.  They ask, “What should I do?”  They test defenses. They summarize emails from their lawyer.

The problem is simple: AI is usually a third party. And privilege usually only applies when you’re communicating privately with your lawyer (or someone working directly for your lawyer in a protected way).

Here’s what the judge focused on:

  • It wasn’t a lawyer. A chatbot isn’t a licensed attorney. So a conversation with AI is more like a conversation with a smart stranger than a protected legal meeting.

  • Privacy wasn’t guaranteed. Many consumer AI platforms collect “inputs” and “outputs,” may store them, and may use them in ways the user doesn’t fully understand. If the platform can keep it, review it, or share it, that can destroy the idea that it was “confidential.”

  • The lawyer didn’t direct it. The person used AI on their own. The court basically treated the AI chat as self-help research notes, not attorney-directed legal preparation.

What this means in real life:

  • If you’re in a dispute (or worried one is coming), do not use public AI tools to talk through your facts or strategy.

  • Do not paste emails from your lawyer into AI.

  • Do not ask AI to “help me defend this,” “what should I say,” or “what’s my best argument.”

  • Assume anything you type into a consumer AI tool could someday be read by someone else.

A practical, safer approach

If AI is going to be used in a legal matter, it needs to be done carefully:

  • Your lawyer should be the one directing it, and

  • It should be on a secure, professional-grade platform with strong privacy protections, and

  • Everyone should treat it like a tool used inside the legal team — not a personal advisor.

Simple Lesson

If you wouldn’t post it to the public online, don’t type it into a chatbot.

Action Step

If you or a family member is dealing with a legal issue (or you think one is coming), do this today:

  • Stop using consumer AI for anything related to the situation.

  • Make a short list of what you already typed into AI (even if it feels harmless).

  • Bring that list to your lawyer so you can plan around it.

_____________________________________________________________________________________________________

If this topic raises questions for you or your family, feel free to call (517) 548-7400 or contact us online: https://www.michiganestateplans.com/contact-us