05/29/2026
A recent 5th Circuit federal court decision is a good reminder of something many people don’t realize: You can lose attorney-client privilege without ever intending to.
In that case, a party was taking legal advice from their attorney and uploading it into ChatGPT to get a “second opinion.” The court found that this kind of disclosure (sharing confidential legal communications with an open, public-facing platform) can result in waiver of privilege.
That means the information may no longer be protected. This isn’t just about AI. It’s about where and how you share legal advice.
I’ve seen some attorneys start updating engagement agreements to address this risk. My own agreements have included this concept for years, largely because social media created the same issue long before AI did.
Here’s the simple rule I give clients: If you want a second opinion, that’s completely appropriate... Talk to another attorney.
But don’t: Text it to friends, post it on social media, or upload it into AI tools or public platforms.
Once confidential legal advice is shared outside the attorney-client relationship, you may lose the protections that come with it.
This is one of those areas where technology is moving faster than most people realize—and the consequences are very real.
When in doubt, ask your lawyer before you share.