Texas Judge Suggests Non-Lawyer AI ‘Chats’ May Be Protected Attorney Work Product

Short summary

A Texas court ruled that non-lawyers' conversations with AI tools may be protected as attorney work product, diverging from federal precedent. Using public AI doesn't automatically waive privilege if not substantially likely to reach adversaries. Employers should review employee AI use, prefer enterprise tools, and update protective orders to clarify AI confidentiality handling.

• •Texas court diverges from federal precedent: non-lawyer AI conversations may qualify as protected attorney work product
• •Privilege is waived only when materials are disclosed to or substantially likely to reach adversaries
• •Employers should monitor AI tool usage, prefer enterprise over public AI tools, and update protective orders to address AI confidentiality

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