How AI is Affecting the Legal Sphere
Think Before You Prompt: AI Chats May Become Discoverable Evidence
Artificial intelligence has quickly become a common tool for research, drafting, and problem-solving. However, individuals involved in legal matters should understand that conversations with Ai platforms may create risks that are often overlooked. Courts are increasingly treating AI chats and AI-generated materials as potentially discoverable evidence, meaning that information shared with an AI system could later become relevant in litigation.
One important consideration is that communications with public AI platforms generally do not receive the same protections as communications with an attorney. When information is submitted to an AI tool, it is being processed by technology rather than a licensed legal professional. This results in a situation where attorney-client privilege may not apply. Because many free or low-tier AI subscriptions do not provide strong privacy guarantees, there is a higher likelihood that information entered into these platforms could later become discoverable in court.
In addition to a lack of attorney-client privilege, AI systems can generate inaccurate information, including references to court cases, statutes or facts that do not actually exist. AI tools also may not have access to the most current legal developments, resulting in information that is either outdated or incomplete.
A Practical Approach to AI in Legal Matters
When used appropriately, AI can be a valuable tool for preliminary research, organization, and gaining a general understanding of legal issues. However, users should avoid entering confidential, sensitive, or case-specific information into public AI platforms, as keeping prompts general helps minimize potential risks. AI is most effective as an efficiency tool—not a decision-maker—and should be used to build a foundational understanding of a legal matter before consulting an attorney. At Cornerstone, we remain committed to providing practical guidance, trusted legal counsel, and dedicated representation every step of the way.