AI Is an Open Source for Problems
Ask ChatGPT a question, and you might as well mark your chat history “Exhibit A.” It can — and will, if the situation warrants — be used in court as evidence against you.
Surprise! There is no privacy on ChatGPT. Your chat interactions can be discovered during litigation, just like:
- Cell phone records
- Browsing history
- Documents
- Pictures
- Videos
Real-Life Examples of ChatGPT Being Used Against You
Consider these scenarios:
- You asked ChatGPT, “What are untraceable poisons?” two days before your spouse died of poison, and now her children are suing to remove you as the life insurance beneficiary.
- You typed in “defenses to being accused of forging a signature” weeks after filing a deed transferring property to yourself, and the original owner sues to void the deed.
- You inquired, “What is a grandparent scam?” just before $25,000 was deposited in your account by an elderly stranger, and now the stranger’s son is suing to get the money back.
If this sounds familiar — you are toast.
ChatGPT Inquiries Are Not Confidential
- Not confidential
- Not privileged
- Legally discoverable
If ChatGPT is subpoenaed, it must share your information. You may also be required to produce the chat yourself if asked.
Think of it as posting your question on Facebook — you’ve given fodder to friends and foes alike.
How Texas Law Handles AI Chat Discovery
Under Texas law, a party can obtain discovery on:
- Any matter that is not privileged
- Any matter relevant to the subject matter of the pending action
The information doesn’t have to be admissible at trial — it only needs to be reasonably calculated to lead to admissible evidence.
Example:
That poison-related ChatGPT question could lead investigators to experts in forensic toxicology. If you later contacted one of those experts, that conversation could be admissible evidence. The ChatGPT thread would have directly led to that discovery.
Texas’s History with Electronic Data Discovery
Texas courts have long dealt with electronic data, applying principles such as:
- Requests must be tailored to the subject matter
- Discovery cannot impose an unnecessary burden
- No broad “fishing expeditions”
For example:
- A request for your entire ChatGPT history would likely be struck as overbroad.
- A demand to search your whole computer’s hard drive would probably be rejected as both overbroad and burdensome.
The Danger of Asking AI for Legal Advice
Why ChatGPT Isn’t a Lawyer
Don’t turn to ChatGPT for legal advice. It’s not a licensed attorney — it’s a pattern-based text generator.
Only a lawyer can:
- Understand your specific facts
- Apply them to relevant laws
Explain the risks associated with your choices
Attorney vs. AI: Key Differences
When you consult a licensed attorney (and not in furtherance of a crime or fraud):
- Your communications are privileged
- Your lawyer is bound to ethical standards
- Your lawyer must keep communications confidential
When you consult ChatGPT:
- No duty of confidentiality
- No privilege
- No legal responsibility to protect your information
Final Takeaway: Think Before You Type Into ChatGPT
The lesson? Don’t share anything with ChatGPT that you wouldn’t want presented in a courtroom. What feels like a private question today could become evidence against you tomorrow.
How ChatGPT Privacy Risks Could Affect You — and How Hammerle Morris Can Help
At Hammerle Morris Law Firm, we understand that using tools like ChatGPT can feel quick, convenient, and harmless — until those conversations surface in a legal dispute. When your words can be subpoenaed, misinterpreted, or used as evidence, the consequences can be serious. Whether you’re already facing a situation where your AI chats may be questioned or you want to protect yourself before issues arise, our team is here to help you understand your rights, assess your risks, and safeguard your interests.
Don’t wait until your chat history becomes Exhibit A — schedule a consultation today and take the first step toward protecting your legal future.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
