Can AI-Generated Legal Drafts Be Protected as Work Product?
As AI technology rapidly integrates into various sectors, its implications for litigation are becoming increasingly relevant. A pivotal federal court ruling from Michigan on February 10, 2026, confirmed that a pro se plaintiff’s use of ChatGPT for legal drafting falls under the work-product doctrine. In Warner v. Gilbarco, Inc., the court sided with the plaintiff, asserting that her interactions with ChatGPT were protected and emphasizing that pro se litigants can assert this protection. The ruling underscores the careful consideration required when utilizing AI tools, as improper handling might risk waiving essential legal protections similar to attorney-client privilege. For employers utilizing AI in litigation, this case serves as a warning to evaluate internal protocols and compliance strategies to safeguard sensitive communications. As the legal landscape shifts, proactive measures are imperative to mitigate discovery risks related to AI-assisted legal processes. For further guidance, consult Linda Wang, Co-Chair of CDF’s Privacy Practice Group.
