Any attorney-client privilege is instantly lost the moment confidential information is shared with an AI platform—just as if you had disclosed it to a random third party. Unlike with email or secure file-sharing servers, there is no reasonable expectation of privacy. The consequence is stark: privileged information becomes fair game for discovery.
The work-product doctrine does not protect interactions with AI platforms. The court similarly rejected the defendant’s argument that the information shared with Claude was covered by the work-product doctrine, which protects materials prepared “by or at the behest of counsel in anticipation of litigation.”