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ARTICLE · 25 FEBRUARY 2026

The Attorney-Client-Machine Relationship: When AI Use Jeopardizes Privilege

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Artificial intelligence (AI) has moved from novelty to necessity in record time. Professionals increasingly rely on AI to enhance efficiency and productivity.

United StatesCriminal Law
Zachary Woodward
Zachary Woodward
Alexis Archer
Alexis Archer
Eun Young Choi
Eun Young Choi
Melissa Weberman
Melissa Weberman
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Artificial intelligence (AI) has moved from novelty to necessity in record time. Professionals increasingly rely on AI to enhance efficiency and productivity. But assuming AI is the same as any other productivity tool in the context of legal advice and counsel now carries additional risk. On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York (SDNY) ruled from the bench that neither the attorney-client privilege nor the work product doctrine protects documents generated by an AI tool that a criminal defendant used to explore potential legal defenses. As a question of first impression nationwide (per the court's written memorandum issued on February 17), this development carries significant implications for how companies, individuals, and their attorneys use AI.

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