As artificial-intelligence notetakers quietly enter courtrooms and depositions, a growing number of attorneys are beginning to push back. Citing confidentiality risks, unauthorized recording concerns, and the precedent of Heppner, some lawyers are banning the technology outright. The moment reflects a larger realization spreading through the legal profession: tools designed for convenience may threaten privilege, the integrity of proceedings, and the reliability of the official record.
Tag Archives: WorkProductDoctrine
Why the AI Privilege Fight Could Decide the Future of Court Reporting
A federal court has drawn a stark line: conversations with AI systems are not privileged. That conclusion reaches far beyond chatbots. Digital recordings, automated deposition summaries, and cloud transcript analytics may transform confidential litigation strategy into discoverable material. The issue is no longer convenience versus tradition — it is custody versus disclosure. When legal data leaves human control, the record itself may become evidence.
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