Can AI be used as your lawyer?

FORT MYERS, Fla. —

Artificial intelligence is changing how people interact with technology, but its use in legal cases is raising concerns about privacy and accountability.

Grace Norvell, a Fort Myers resident, uses AI for everyday tasks and college work, treating it as more than just a tool.

"I kind of treat AI as a co-worker or someone like a mentor," Norvell said. "You essentially form a personal relationship to it, and it responds to you."

Norvell explained that AI has helped her identify knowledge gaps and complete homework faster, while ensuring it does not interfere with her critical thinking skills.

However, legal experts warn that anything typed into chatbots can be used as evidence in court. Criminal defense attorney Rory Safir said AI communications are not protected by the attorney-client privilege.

"It's electronic communication with a third party that's not an attorney. So, therefore, it's discoverable," Safir said.

This issue is being tested in the case of Phoenix Ikner, who is accused of conducting a mass shooting at Florida State University. Court records show Ikner had hundreds of messages with ChatGPT, asking about guns, campus activity, and public response. Allegedly, he asked the AI bot questions such as "If there was a shooting at FSU, how would the country react?" and "What time is the busiest in the FSU student union?"

"They can use it for consciousness of guilt, intent, premeditation, things like that, to prove that mental aspect of it," Safir said.

Safir emphasized that AI messages are treated like text messages or emails in legal proceedings.

"You shouldn't talk to anyone but your attorney about your case. So, if Claude or ChatGPT is looked at as a third party, it's no different," Safir said.

The use of AI as evidence is relatively new, with one of the first major cases unfolding recently in the Southern District of New York.

"It's kind of a landmark case in the Southern District of New York. U.S. versus Heppner. And it's the first major decision of its kind," Safir said.

In that case, Heppner was charged with wire fraud, securities fraud and other types of fraud totaling $150 million. Safir noted that Heppner turned to AI for advice, asking questions about potential charges and his defense strategy.

"What could the prosecutors possibly charge me with? So, kind of if you're having that conversation with Claude, it kind of seems like you might be admitting to some things or the other, quote unquote, 'consciousness of guilt,'" Safir said.

Safir advised users to be cautious when interacting with AI, saying, "Don't put anything in there that you wouldn't put in an email or a text message."

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