A recent New York federal court ruling impacts family law cases, emphasizing the risks of using public AI tools in legal matters like divorce or custody disputes. The court determined that conversations with public AI chatbots do not qualify for attorney-client privilege or work product protection. In a notable case, the defendant’s attempts to shield AI-generated reports from discovery were denied, primarily because the AI is not a lawyer, and there was no expectation of confidentiality due to the AI’s terms of service. Consequently, any sensitive information shared with AI tools is at risk of being disclosed in court. This has significant implications for family law clients, as inputs and outputs from AI chatbots could become evidence, undermining their case. Clients are urged to avoid sharing legal information with AI and consult their attorney before any interaction with such tools to preserve confidentiality and protect their interests.
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