If you've been using AI tools like ChatGPT to help you think through your divorce, custody situation, or any other family law matter, there's something important you need to know. A recent federal court ruling has made it clear that doing so could seriously harm your case — and once that damage is done, it may not be reversible. At Hefferon Law, we want to make sure you're protected, and that starts with understanding what's at stake.
What the Court Decided
A federal court in New York recently issued the first ruling to directly address whether conversations with public AI chatbots can be shielded by attorney-client privilege or work product protection. The answer was an unambiguous no.
In the case before the court, an individual used a public AI platform to create strategy-focused summaries about his legal situation. He later argued those materials should be protected because he'd shared them with his lawyers and had used information originally received from his attorneys to generate them. The court wasn't persuaded — for three clear reasons.
First, the AI is not your attorney. Privilege only protects confidential communications with your actual lawyer, and no such relationship exists between you and a chatbot. Second, there was no reasonable expectation of privacy, because the AI provider's terms of service allowed the company to collect your inputs, use them to train its models, and potentially share them with third parties. Third, the conversations weren't made for the purpose of getting legal advice — the user started them on his own, and the AI itself disclaimed giving legal advice.
The court also rejected the argument that the materials were protected as attorney work product, since they were created by the client independently using a public tool — not prepared by or under the direction of counsel.
Why This Matters for Your Family Law Case
You don't have to be the subject of a federal investigation for this ruling to affect you. Its reasoning extends directly to civil litigation — including divorce, custody, and property division cases here in North Carolina.
In North Carolina family law proceedings, both parties are required to produce relevant, non-privileged materials during discovery. Under this court's framework, every AI conversation you've had about your legal situation — outside of the attorney-client relationship — is a potential exhibit that could end up in your spouse's hands or in front of a judge.
The moment you paste confidential information into a public AI tool, you may be waiving privilege over that content entirely. It doesn't matter whether it's a memo from your attorney, details about your finances, or notes about your legal strategy. If it goes into a chatbot whose terms allow the provider to access or share your data, the privilege may already be gone.
Common Mistakes That Can Hurt Your Case
Many people assume their AI conversations are harmless. Under this ruling, they are not. You should avoid using public AI tools to:
Summarize communications from your attorney
Brainstorm arguments about custody or property
Reorganize or analyze financial documents related to your case
Review your spouse's discovery responses
Draft agreements or legal provisions
Prepare for depositions or court appearances
What About Paid Subscriptions?
A paid AI subscription doesn't solve the problem. The court's reasoning applies to any AI platform — free or paid — if its terms of service allow the provider to review, train on, or disclose user data. The price you pay for access doesn't create the confidentiality protection that privilege requires.
Expect AI Questions in Your Case
This ruling signals a shift in how family law cases will be handled going forward. Opposing counsel may now ask pointed questions in depositions or written discovery about whether you've used AI tools to prepare for your case or analyze documents. Receiving a request for "all communications with AI-based tools related to your divorce or custody matter" is no longer far-fetched — it's a realistic possibility.
How to Protect Yourself
The good news is that protecting yourself is straightforward if you follow a few clear guidelines:
Don't input anything sensitive into a public AI tool — no legal advice you've received, no case documents, no financial records, no strategy discussions. A firm rule is far more effective than trying to "use caution" on a case-by-case basis.
Pause before you paste. Before typing anything into a chatbot, ask yourself: is this privileged, confidential, or sensitive? If the answer is yes — or even maybe — stop and call us first.
Let your attorney lead. The court suggested the outcome might have been different if an attorney had directed the use of AI. That distinction matters. If you think an AI tool could help with some aspect of your case, talk to us before using it so we can make sure any such use happens in a way that preserves your protections.
Your Privacy Is Worth Protecting
Your family law case involves some of the most personal details of your life — your children, your finances, your future. The last thing you want is for private communications about any of those things to become your spouse's strongest evidence against you.
At Hefferon Law, we stay current on developments like this so we can protect you fully — not just in the courtroom, but in the decisions you make along the way. If you have questions about how to handle your case safely, we're here to help.
Call us at (704) 610-4795, email us at info@hefflawpllc.com, or visit hefflawpllc.com to schedule a consultation. We're in your corner.