One of the interesting things about Illinois law and legal advice is that it is always changing and progressing. If five years ago you had told me that people would widely be chatting with an app on their phone or computer, I would not have believed it.
But of course in 2026, people are using ChatGPT and other AI chatbots with regularity. It does not matter to them that these tools are often wrong and programmed to tell you what you want to hear. Every day I get calls from people who tell me that ChatGPT is telling them something different than what they hear from lawyers.
For years, attorneys have warned new clients that they should not post anything about their case on social media. If you are discussing your case on Facebook, Twitter, Bluesky, Instagram, etc., that information can be used against you. There have been cases where injured people talked about how much money they were going to make from their lawsuit and the case blew up. There have also been many instances where people were seen doing activities on social media that showed they were embellishing their injuries.
Along the same lines, attorneys are now warning their clients not to use ChatGPT or any other AI chatbot to discuss any aspect of their case.
In a recent case, a Judge ruled that prosecutors could use AI chats they discovered a defendant was using to pursue criminal charges for securities fraud. There is no attorney/client privilege between you and the chatbot. Those transcripts can be subpoenaed, so if you are telling it things you have done or other facts about your case, it can and will be used against you.
Some people have been taking the advice they are getting from very experienced attorneys and asking ChatGPT if the lawyer is correct. That is insane! And it is also dangerous and reckless because it can cause you to lose your case if this information is obtained. It can also cause you to lose attorney/client privilege with your lawyer if you are sharing things that your lawyer discussed with you.
It is essentially no different than you talking to a friend about your case or posting about your claim on Facebook. Those conversations can and will be used against you and so will anything you share with a chatbot.
The best advice is always to keep your mouth shut. You hire an attorney for a reason and need to trust in them. If you do not and put out information about your case, you could be the sole reason why you lose a case that you otherwise would have won. I certainly get the desire to seek out more information or discuss important issues, but you have to resist the temptation.
