As a New Mexico contingency fee litigation firm that represents injured plaintiffs in car accidents, truck crashes, medical malpractice, slip-and-fall, and other serious injury cases, we fight every day to protect our clients’ rights and maximize their recoveries—without any upfront fees. But a recent federal court ruling has created a new risk that every plaintiff (and potential client) in New Mexico needs to understand: your private conversations with AI chatbots like ChatGPT or Claude may not be confidential and could be turned over to the other side in discovery.
What the Ruling Says
On February 17, 2026, U.S. District Judge Jed Rakoff in Manhattan (Southern District of New York) ruled in United States v. Bradley Heppner that the defendant—a former CEO facing securities and wire fraud charges—had to hand over 31 documents he created using Anthropic’s Claude AI chatbot.
Judge Rakoff held that no attorney-client privilege protects those AI-generated materials because:
- AI chatbots are not lawyers and cannot form an attorney-client relationship.
- The platform’s own terms of service state that users have no expectation of privacy in their inputs.
- Voluntarily sharing information (even if it came from your lawyer) with a third-party AI company can waive the privilege that normally shields lawyer-client communications.
In a contrasting ruling the same day, a Michigan magistrate judge protected a self-represented plaintiff’s ChatGPT chats as her personal “work product.” But the New York decision is already prompting more than a dozen major U.S. law firms to issue urgent client alerts.
Why This Matters for New Mexico Contingency Fee Cases
Even though the Heppner case is a criminal matter in New York, the logic applies directly to civil litigation in New Mexico state and federal courts. In personal injury and contingency-fee cases:
- Defense lawyers routinely request broad discovery.
- If you use AI to research your claim, draft a timeline, brainstorm deposition answers, or analyze medical records, those chats could be subpoenaed.
- Anything you type into a public AI tool can be saved, shared with third parties, or used to train the AI—making it fair game for the insurance company or defendant on the other side.
New Mexico’s own ethics rules reinforce the caution. The State Bar of New Mexico’s Formal Opinion 2024-004 (issued September 2024) makes clear that lawyers using generative AI must protect client confidentiality under Rule 16-106 NMRA. Public AI tools that store or share inputs with third parties create serious risks, and attorneys must take active steps to prevent inadvertent disclosure.
Practical Advice from Your New Mexico Litigation Team
We are not telling you never to use AI. Artificial intelligence can be a helpful research tool—but only if used the right way. Here’s what we recommend to our clients:
1. Never Discuss Your Case with AI Without Talking to Us First
If you need to research a legal or medical concept, let your attorney direct the research or use secure, closed-loop AI systems approved by our firm.
2. Avoid Pasting Privileged Information into Public AI Tools
Do not copy and paste privileged information, settlement numbers, or strategy ideas into ChatGPT, Claude, Grok, or similar tools.
3. Use Careful Prompt Language When Appropriate
Look for prompt language like “I am doing this research at the direction of my counsel” when appropriate—but still run it by your lawyer before doing so.
4. Remember: AI Is a Tool, Not a Confidential Advisor
Many major firms are already adding specific AI-disclosure clauses to their retainer agreements. We do the same to make sure everyone is on the same page and your privilege stays intact.
Bottom Line for Injured New Mexicans
The age-old rule still applies: talk to your lawyer, not to a chatbot, about anything that could affect your case. One careless AI conversation could give the defense powerful ammunition that never would have existed before.
At our contingency fee litigation firm in Albuquerque, we stay ahead of these evolving issues so you don’t have to. We use technology responsibly to strengthen your case—while safeguarding the confidentiality that has always been the cornerstone of the attorney-client relationship.
Sources & Further Reading
- Reuters: “AI ruling prompts warnings from US lawyers: Your chats could be used against you” (April 15, 2026)
- State Bar of New Mexico: Formal Opinion 2024-004 — Using Generative Artificial Intelligence in the Practice of Law
We fight for maximum compensation on a contingency-fee basis. No recovery, no fee.
This post is for educational purposes only and does not constitute legal advice. Always consult your attorney about your specific situation.
