Millions of people now use artificial intelligence tools like ChatGPT or Claude to help them think through problems — including legal ones. It feels private. It feels safe. But a landmark federal court ruling issued just weeks ago shows that it is neither.
What Happened in Court
In United States v. Heppner, Case No. 1:25-cr-00503(JSR), decided February 17, 2026, a federal judge in the Southern District of New York made a ruling that every American should know about. Bradley Heppner was facing a serious criminal investigation regarding fraud in connection with a publicly traded shell company. Before speaking with his attorney, he used the AI platform Claude — operated by Anthropic — to map out his potential legal strategy and defense. He later argued that those AI conversations were private and protected from the government, just like conversations with a lawyer.
The court said no.
Why the Court Ruled Against Him
Judge Jed S. Rakoff found that Heppner’s AI conversations were not protected by attorney-client privilege for three reasons:
- Claude is not a lawyer. The law only protects communications between a client and their actual attorney. An AI platform cannot be an attorney.
- The conversations were not confidential. Anthropic’s privacy policy clearly states that it can collect, use, and share user data — including with government authorities.
- His attorney didn’t direct him to use Claude. The court noted that if his lawyer had told him to use the AI as part of their work together, the result might have been different.
The judge called this a question of “first impression nationwide” — meaning no U.S. court had ever ruled on this issue before. That makes this decision especially significant. It sets a legal precedent that New York courts are now expected to follow.
What This Means for You
If you are facing a legal issue — a lawsuit, a contract dispute, a criminal investigation, an employment matter — and you turn to an AI tool on your own, those conversations are not protected. The government, opposing lawyers, or other third parties may be able to access them.
The good news? There is a straightforward solution.
Always Use AI in Conjunction With Your Attorney
The Heppner court itself pointed to the answer: when an attorney directs a client to use AI as part of their legal work, stronger arguments exist for protecting that information. In other words, the attorney-client relationship is what creates the shield.
At Burrell Law, P.C., we work with our clients to make sure that every tool they use — including AI — is used strategically and within the protection of our attorney-client relationship.
Before you type your legal problem into any AI chatbox, email us first.
