No Such Thing As AI-Client Privilege

AI platforms such as ChatGPT, Gemini, and Grok are quickly becoming an everyday tool – much in the way that "googling" something has become an integral part of daily life. Without commenting on the positives or negatives of its use, AI has become a trusted advisor for many individuals, often serving as the first source that they consult for advice.

However, there are important limitations to be aware of - every so often an event occurs to remind you that AI is not always your friend.

One such instance was for the defendant in a recent criminal case in the United States District Court for the Southern District of New York. With the prevalence of AI use for legal matters increasing exponentially, it was inevitable that courts would need to address the intersection of AI usage and the doctrines of attorney-client privilege and work product. In this case, the intersection was created by the client/defendant's use of AI to develop strategiesto subsequently discuss