AI And Your Privacy
A recent court case out of New York’s Federal District Court, United States v. Heppner, has been major news for attorneys. The case involved securities fraud and the use of AI in a criminal investigation. After receiving a grand jury subpoena, Bradley Heppner began using the AI platform Claude, to input information about his case, the charges against him, and to create various outlines and defense strategy documents. During a search and seizure of Mr. Heppner’s home, the FBI seized these documents. Heppner argued that the information and documents derived from the use of AI should not be used based on privacy; however, the Court ruled that attorney-client privilege did not apply, as Claude is an AI chatbot and not an attorney. Additionally, the public version of Claude allows for data collection and disclosures to third parties, there was no reasonable expectation of privacy.
This isn’t the first time the law and AI have clashed. AI has continuously churned out fake case law and even statutes, resulting in sanctions from the Court for both attorneys and pro se parties alike. Many counties in Florida are now requiring sworn statements when AI is utilized in court documents, that the information in said documents is correct and accurate.
So, what does this mean for the estate planning world?
Potential clients often tell me that they have utilized AI to learn more about estate planning and the various documents and offerings. However, some individuals go a step further, adding personal information about their family and assets. In a 2025 survey by the National Cybersecurity Alliance, more than 58% of AI users have never received any sort of training on how to use AI and/or how to safeguard their data. When you input information into an AI chatbot/program, it can be used for a variety of purposes, including training, monitoring of the system, and retention as the AI system grows and changes.
The truth is, we are all still learning - along with AI - how to properly utilize the new technology while protecting sensitive information. Here at Legacy Legal, we’ve taken the position that AI is simply not secure enough or well regulated enough to utilize in our workflow. We remain committed to protecting you and your family by keeping AI out of your estate plan. Furthermore, we use secure platforms to send and receive information, and maintain the highest security systems that have been tested over time.
How can you protect yourself?
Remember, when you’re “chatting” with AI, anything you say MAY be available to others. Keep your searches limited to general information and never input any personal data such as banking information, social security numbers, or account details. Always ask any attorney you may be thinking of hiring how they utilize AI in their firm: Do they use AI for drafting documents? Is the AI system solely in-firm without data sharing? Finally, never put any private information into chat bots that are often featured on law firm websites; schedule a phone call or send an email instead.
Although the law will eventually catch up with AI, there are still many variables. We are dedicated to providing you with the most current estate planning information, all while keeping you and your family safe.
