Before You Ask ChatGPT for Legal Advice, Read This

Artificial intelligence is becoming part of everyday life.

Tools like ChatGPT are being used to draft emails, get help with schoolwork, or sort through personal and stressful situations, like what to do after a car accident, whether to see a doctor for a lingering injury, or how to handle a difficult manager at work.

It’s conversational tone is part of what makes ChatGPT feel helpful, especially when you're dealing with something confusing or overwhelming.

Unlike a Google search, where you're given a list of sources to evaluate, ChatGPT gives you direct answers. That can make it feel like a trusted advisor, but it’s not. Some decisions, especially legal ones can affect your health, job, or your finances for years to come.

What you type into ChatGPT isn’t protected like a conversation with an attorney.

Your messages can be stored, reviewed, and in some cases, even show up in legal disputes. Unlike attorney–client communications, these chats aren’t confidential.

If you’ve ever typed in something like:

• Can I be fired for reporting harassment?
  

• Feeling mistreated at work but unsure if it crosses a legal line
  

• Is my employer allowed to withhold overtime pay?
  

• Who pays my medical bills after a car accident?
  

• How much is my pain and suffering worth
  

You’re not alone. Millions of people turn to AI with serious legal questions. But that’s exactly when it helps to speak with someone who knows the law in your state, understands how to protect your rights, and can offer advice that’s truly confidential.

Why This Matters Now

AI is advancing faster than the legal system, and many people aren’t aware of the risks.

In 2023, OpenAI CEO Sam Altman testified before Congress that artificial intelligence could “go quite wrong” without oversight. Two years later, those warnings feel more relevant than ever.

Attorneys are starting to see AI-generated content show up in discovery, depositions, and court filings. What might feel like a casual, one-on-one chat can be treated like any other written communication, searchable, shareable, and in some cases, admissible in court.

For a deeper look at how this is already happening, see this Bloomberg Law report on AI complicating the discovery process.

What Happens to Your ChatGPT Conversations Behind the Scenes

By default, OpenAI stores your chats, even if you’re using a paid plan like ChatGPT Plus or Pro. You can turn off “Chat History & Training” to prevent your conversations from being used to improve the model, but that doesn’t necessarily mean the chats are deleted or inaccessible.

Here’s what could happen to your conversations:

• Your chats may be saved to your account history
  

• OpenAI may review conversations for safety or quality purposes
  

• Deleted chats can be retained for up to 30 days for abuse monitoring
  

• In rare cases, content may be shared if legally required, such as in response to a subpoena or court order
  

If you’re asking legal questions or sharing sensitive information, treat AI chats like any other digital record – not private and not protected.

You can find more details directly from OpenAI in their official Data Controls FAQ.

What Can Go Wrong?

Using ChatGPT for legal advice may seem efficient, but small mistakes can lead to major problems. Here are some real-world risks:

• You rely on ChatGPT to explain your rights after a workplace injury, but it gives you outdated information, and you miss a deadline to file a claim
  

• You are unsure if your termination was legal, so you paste details into ChatGPT, and that chat later shows up in discovery during a lawsuit
  

• You ask how to calculate pain and suffering after a car accident, but follow incorrect advice and accept a low settlement
  

• You draft a letter to your employer about harassment using ChatGPT, but it misses key legal protections, weakening your position
  

• You assume the chat is private, but later find out it was stored and potentially accessible in a legal dispute
  

What ChatGPT Can and Can’t Do

AI can be helpful. It can:

• Explain basic legal concepts
  

• Help you organize your thoughts
  

• Draft outlines or summaries
  

• Give you a starting point for questions to ask an attorney
  

But it can’t:

• Provide personalized legal advice
  

• Protect your information under privilege
  

• Represent you in court or in pre-litigation negotiations
  

• Apply the law to your local jurisdiction
  

• Spot legal issues you did not think to mention

AI Can Support You, But It Shouldn’t Replace Real Legal Advice

ChatGPT can be a helpful starting point, a way to gather ideas or understand your options. But if you're dealing with something serious like an injury, a work issue, or a legal dispute, it's worth talking to someone who’s trained to help. A licensed attorney can offer guidance that’s not just informed, but confidential and tailored to your situation. AI has its place, but when the stakes are high, there’s no replacement for real legal guidance.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Every case is different, and legal outcomes depend on individual facts and circumstances. For advice about your specific situation, please contact us.