Court Rules AI-Generated Documents Lack Attorney-Client Privilege
In 2026, a federal judge ruled AI-generated records lack attorney-client privilege.
Why it matters: As AI tools become common in legal workflows, knowing how privilege applies is crucial to avoid malpractice and preserve confidentiality.
- On Feb. 10, 2026, Judge Jed S. Rakoff in SDNY ruled AI-generated documents lack attorney-client privilege in United States v. Heppner.
- The defendant used AI platform Claude to create 31 legal and factual documents without attorney involvement.
- Conflicting rulings exist: SDNY versus other courts in Warner v. Gilbarco and Morgan v. V2X differ on privilege waiver with AI tools.
- Experts warn clients should consult counsel before using AI for litigation research or document preparation due to privilege risks.
Artificial intelligence is rapidly influencing legal processes, but its impact on attorney-client privilege remains unsettled. On February 10, 2026, Judge Jed S. Rakoff of the Southern District of New York held that documents generated by a defendant using the AI platform Claude were not shielded by attorney-client privilege or the work-product doctrine in United States v. Heppner. The defendant prepared 31 documents containing legal and factual queries related to his defense without attorney oversight.
The court reasoned that divulging information to a third-party AI service waived privilege because the documents were not created at an attorney’s direction. This contrasts with rulings in Warner v. Gilbarco, Inc. and Morgan v. V2X Inc., where courts found that AI tools used solely as instruments by attorneys do not waive privilege.
Paul F. Downs, Partner at Nixon Peabody LLP, observed that "the ruling could affect how businesses and individuals use AI when preparing communications with their attorneys" and advised clients to "exercise caution and consult counsel before using AI for litigation-related research."
John B. Koss, Attorney at Mintz, emphasized the risks stating, "These conflicting rulings highlight immediate risks for corporate entities and employees who use AI to research legal issues or prepare litigation-related materials."
As AI technology advances, corporate counsel and law firms must closely monitor evolving case law to protect privilege, prevent malpractice, and maintain client confidentiality.
By the numbers:
- February 10, 2026 — Date of SDNY ruling by Judge Rakoff
- 31 — Number of AI-generated documents created without attorney involvement in United States v. Heppner
What's next: Watch for additional rulings as courts resolve divergent views on AI and privilege.