What You Asked About Your Divorce Is Not Private.

Disclaimer: Use of the information in this article does not create an attorney-client relationship. If you are involved in litigation, some of the suggestions in this article may run afoul of the requirements to preserve data or a protective order which may exist in your case. Under any circumstance, you should consult with your attorney or a licensed North Carolina attorney for legal advice. This information is intended for general informational purposes only on North Carolina law and does not constitute legal advice. Laws vary by jurisdiction, and you should consult a licensed attorney for advice regarding your specific situation.

Do not assume your AI chats are private. Your conversations with your lawyer are privileged

By Mark Spencer Williams · Rice Law, PLLC

Before they call a lawyer, many people ask a chatbot. How do I protect my assets. What are my custody odds. Can my spouse find this account. It feels private, like thinking out loud. It is not.

Law enforcement has already begun obtaining records of these conversations, and the same discovery and subpoena tools used in civil cases can reach them too. A defendant’s chatbot history has appeared as evidence — used not only to show what he did, but to show his state of mind. Whether these exchanges carry any legal privilege is unsettled, which means you should assume they carry none.

Why this matters in family court

In a separation, intent and credibility decide a great deal. A query that looks like hiding assets, or a message that reveals motive, can be read back to you stripped of context and framed by someone who is not on your side. What you typed in a moment of stress can become an exhibit.

There is a privileged place for these questions

Treat a consumer AI tool the way you would treat a public statement: do not type anything you would not want preserved and read aloud. The questions you most want to ask a machine — about assets, custody, and strategy — are exactly the questions that belong with your attorney, where the attorney-client privilege actually protects them. A chatbot offers no such protection. We do.

What this means in practice

• Assume your AI chats carry no privilege and can be discovered.
• Anything you type can be retrieved and read back in court.
• Bring asset, custody, and strategy questions to your lawyer — privilege protects them there.

The questions you ask a machine are the ones that belong with your lawyer.

Bring your questions to counsel, where privilege protects them. Read the legal framework in the white paper, Privacy and Surveillance in North Carolina, put it into practice with The Privacy Protection Playbook, then contact Rice Law in Wilmington to apply it to your separation.