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ARTICLE · 28 AUGUST 2026

AI-generated Documents May Not Be Protected By Attorney-client Privilege

GGI | Global Alliance
GGI | Global Alliance
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A federal judge has ruled that documents created by a client using a commercial AI tool and shared with counsel are not protected by attorney-client privilege or work product doctrine. The landmark decision raises critical questions about confidentiality expectations when clients use consumer-grade AI platforms to prepare legal materials, potentially exposing sensitive litigation strategies to discovery.

United StatesLitigation, Mediation & Arbitration
Kathryn C. Nadro (Levenfeld Pearlstein, LLC)
Kathryn C. Nadro (Levenfeld Pearlstein, LLC)
Elizabeth (Lisa) Vandesteeg (Levenfeld Pearlstein, LLC)
Elizabeth (Lisa) Vandesteeg (Levenfeld Pearlstein, LLC)
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In what appears to be the first decision of its kind, a United States federal judge has ruled that documents prepared by a client using a commercial AI tool and then shared with his attorney are not shielded by attorney-client privilege or the work product doctrine.

The 10 February 2026 ruling by Judge Jed Rakoff of the US District Court for the Southern District of New York signals a significant and largely uncharted risk for clients who turn to AI tools while navigating legal proceedings. Read the full decision here.

The case centres on Bradley Heppner, who was arrested in November 2025 on charges of securities and wire fraud. Federal agents searching his home seized electronic devices containing approximately 31 documents that Heppner had generated using Anthropic's AI tool Claude. After retaining legal counsel and receiving a grand jury subpoena, Heppner had used Claude on his own initiative to prepare reports outlining his defence strategy and potential legal arguments.

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