Courts are starting to grapple with this question. In February, a federal court in Michigan ruled that a self-represented person’s conversations with ChatGPT to prepare her case were work product—legal work that is shielded from the opposing side. The decision came on the same day a federal court in New York held that documents a criminal defendant had generated using Claude were not privileged attorney-client conversations or work product. The court argued that Claude is not an attorney and that a user has no “reasonable expectation of confidentiality in his communication” with it because AI companies can disclose user data to third parties.  In March, Judge Braswell ruled that a self-represented person’s use of a chatbot should stay off limits. “It is true that AI systems like ChatGPT, Claude, Gemini, and others … collect user data for training and other purposes. But … that does not eliminate all expectations of privacy,” she wrote. Courts have since remained split on the issue. Malpractice without a pulse Some judges are also wondering whether a chatbot, like a …