Can ChatGPT Conversations Be Used in Court?

Written by Ryan Morrison

9
min
Based on a Navigating Wealth conversation with Kartik Singapura, Bell Nunnally.
Can ChatGPT Conversations Be Used in Court?
Your ChatGPT and Claude chats can be requested in a lawsuit. What courts in New York, Michigan, and Texas ruled, and what a Dallas litigator advises.
Ryan Morrison

ChatGPT conversations can be used in court. AI chats can be requested in discovery the way emails can, and whether privilege or work-product protection shields them depends on the court and on who directed the work. In February 2026 a federal court in New York refused to protect a defendant's Claude chats, made without his lawyers' direction. In June 2026 the Texas Business Court held that a party's ChatGPT conversations prepared in anticipation of litigation can be protected work product. Dallas litigator Kartik Singapura's advice: talk to your lawyer before you use AI to work through a dispute.

Key Takeaways

  • The other side in a lawsuit can request your AI prompts and outputs the way it requests email, and government investigators can go to the AI provider directly.
  • Courts split in 2026: a New York federal court denied protection, while a Michigan federal court and the Texas Business Court protected chats prepared for litigation.
  • An AI chat that wasn't protected when you wrote it doesn't become privileged because you later send it to your lawyer.
  • Singapura's advice is to ask counsel how to use AI before a dispute starts, and never to delete anything.
  • In his view AI hasn't yet cut litigation bills in a way he can measure; the saving shows up in mapping a case early.
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Can Someone Get Your AI Chats in a Lawsuit?

Yes. Courts treat AI prompts and outputs as electronic records, so the other side can ask for them in discovery. Singapura, a trial lawyer at Bell Nunnally in Dallas, compares them to email: a message you send today can be demanded by a lawyer two years from now, and the questions you type into a chatbot are now being treated the same way.

The provider is a second route in. In a government investigation, Singapura says, investigators go directly to the AI vendor for the records. The consumer terms at issue in the New York case let the provider collect what users typed and disclose it to third parties, government authorities included, and the court leaned on that in finding the chats were never confidential.

Deleting a conversation isn't a fix. Singapura never advises a client to delete anything, and his experience is that “it's hard to ever, I've learned, get rid of anything electronic.”

Watch the Full Conversation

This article draws on a Navigating Wealth conversation with Kartik Singapura, where we discuss how AI is changing litigation, what clients should know before using chatbots on a legal problem, and whether legal bills will fall. Watch the full episode for the broader discussion.

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Kartik Singapura is a partner at Bell Nunnally, a Dallas law firm, where he tries commercial cases in Texas and beyond. He has practiced for about fifteen years and describes the courtroom as his passion. In the conversation with Tad Fallows and Matt Shechtman, he explains where AI helps a legal team, where it misleads clients, and what the early court rulings mean for anyone heading into a dispute.

What Courts Have Ruled About AI Chats So Far

Three rulings in 2026 went in different directions, and the deciding questions were who directed the AI use and whether the work was prepared for litigation.

Case Court and date Who used AI Result
United States v. Heppner U.S. District Court, S.D.N.Y., February 2026 Criminal defendant with counsel, using Claude on his own Not privileged and not work product
Warner v. Gilbarco U.S. District Court, E.D. Mich., February 10, 2026 Plaintiff representing herself, using ChatGPT Protected work product; using the AI tool wasn't a waiver
Tate Group Automotive v. Legacy Automotive Capital Texas Business Court, June 3, 2026 A party's executive, using ChatGPT Can be protected work product when prepared in anticipation of litigation

Source: Rulings as summarized by Gentry Locke (Heppner), Proskauer (Warner) and Haynes Boone (Tate Group).

In United States v. Heppner, Judge Jed Rakoff found that a chatbot isn't a lawyer, that the consumer terms meant the chats weren't confidential, and that the defendant used the tool without his attorneys' direction. The court suggested the result might differ if counsel had directed the use. It also held that the documents didn't become privileged when the defendant later shared them with his legal team.

The Michigan ruling protected a self-represented plaintiff's ChatGPT work, reasoning that an AI program is a tool, not a person, so using it isn't a disclosure that waives protection. In Tate Group, the Texas Business Court read Texas's work-product rule, which covers material prepared “by or for a party,” as broader than the federal standard and expressly rejected Heppner. It still ordered production of pages that weren't prepared for the litigation.

None of these rulings binds courts elsewhere. Singapura's summary is that every state is treating disclosure differently, and courts haven't settled on one approach.

What to Do Before You Research a Business Dispute With AI

Talk to a lawyer first. The protection courts have recognized so far attaches to work prepared for litigation, and in federal court it leans on whether a lawyer directed it.

Partnership disputes and disputes inside closely held companies, Singapura says, carry a layer of emotion from whatever happened at the time, and that's when people reach for a chatbot to test their side of the story. The rulings and the episode point to three practices:

  • Ask your lawyer how they want you to use AI on the matter before you start, which is Singapura's core advice.
  • Don't paste your lawyer's emails or advice into a consumer chatbot. Commentators read Heppner as holding that doing so can waive privilege over those communications.
  • Keep everything. Once a dispute is reasonably expected, deleting records can create a legal problem of its own.

How Litigators Are Using AI on Your Case

As a fast first pass that a lawyer then checks against the sources. Singapura describes document review as reversed: “AI can create the roadmap for you now. You use the roadmap to go review the documents.”

He's equally direct about the limit. He calls AI “an average intelligence,” useful for sorting volume but not for strategy, and he says a lawyer who hands a judge a fabricated or hallucinated case loses the motion and their credibility with it. He also uses NotebookLM to turn explanatory legal articles into a 30-minute audio briefing for a client, in place of a two-hour call the client would pay for.

If you're hiring a litigator, ask how their team verifies AI output before it reaches a court. The same verification question applies to founders building agentic AI tools for business operations.

Will AI Lower Your Legal Bill?

Not measurably yet, in Singapura's view. He sees faster work and easier client updates, but his litigation practice still bills by the hour, because the scope of a case is hard to underwrite in advance.

Fixed pricing is more plausible where the scope is fixed. He points to appeals, where the record is closed and the issues are known, as work a firm could price as a flat fee. Other legal work already bills that way: in Long Angle's 2025 High-Net-Worth Professional Services Report (114 member respondents, fielded August to September 2025), 57% of clients of trust and estate attorneys were billed on a project basis and nearly a third paid hourly.

Where AI does save money, in his telling, is the start of a case. Give it the emails with the two or three people at the center of a dispute and it can map the cast: who did what and when, and who's likely friendly. That lets a client separate who they need to talk to from who they want to talk to, which he calls “a big difference and a big cost difference,” instead of filing nine causes of action and sending discovery in every direction. Some plaintiffs fund that cost through litigation finance.

Where Doing It Yourself With AI Works, and Where It Backfires

It works in forums built for people without lawyers, such as property tax protests and small claims court. Singapura used AI on his own property tax protest.

It backfires in full litigation. Filings drafted by a chatbot for people representing themselves are, in his account, among the most frustrating things lawyers and in-house counsel now handle, because each error creates work to answer. Clients who use AI to understand the framework of their case are a different story: he finds an informed client a better partner, as long as the AI's take is treated as a starting point for the conversation.

Final Thoughts

In the three 2026 rulings, protection followed AI work prepared for a dispute the party already expected, and the federal court in New York also weighed whether a lawyer directed it. AI chats made outside those conditions were treated like any other record the other side can request.

Frequently Asked Questions

Is ChatGPT confidential?

Not in the legal sense that protects privilege. In Heppner, the court found the chats weren't confidential because the consumer terms let the provider collect inputs and outputs and disclose them to third parties, including the government.

Does sending an AI chat to my lawyer make it privileged?

No. Heppner held that documents the defendant created with Claude on his own didn't become privileged when he later shared them with his lawyers.

Should I delete AI chats about a dispute?

No. Singapura never advises a client to delete anything, and electronic records rarely disappear. Once a dispute is reasonably expected, ask your lawyer what to preserve.

Are AI chats treated the same way in every state?

No. The 2026 rulings split between New York, Michigan, and Texas, and each binds only its own case. Ask counsel how courts in your jurisdiction treat them.

Which litigators would members hire again for a business dispute?
Long Angle members ask each other which attorneys they've used and would use again, in a vetted community where advisors and salespeople can't post recommendations. The referrals come from people who hired them.

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