Can Using AI During a Separation Put Your Privacy at Risk?

Artificial intelligence tools like ChatGPT and similar platforms are becoming part of everyday life. Many people now use AI to brainstorm ideas, summarize information, draft emails, or better understand complex topics, including legal issues.

When navigating a family law matter, it may feel natural to turn to AI tools for guidance or support. While these platforms can sometimes help organize your thoughts or generate questions for your lawyer, there are important privacy concerns that every client should understand before entering sensitive information into an AI system.

Understanding Solicitor-Client Privilege

One of the most important protections in the legal system is solicitor-client privilege. In Canada, communications between you and your lawyer are confidential. This includes emails, phone calls, legal strategy discussions, draft documents, and the advice you receive throughout your case.

This protection exists so clients can speak openly and honestly with their lawyer without worrying that their private communications could later be disclosed to the opposing party or the court.

In family law litigation, confidentiality matters. The ability to communicate freely with your lawyer allows your legal team to properly assess risk, develop strategy, and advocate for your interests.

Where AI Tools Create Risk

The law surrounding AI and solicitor-client privilege is still developing. Canadian courts have not yet fully addressed how privilege applies when clients input legal information into public AI platforms.

However, courts in the United States have already begun considering these issues. In at least one recent case, a court determined that communications entered into a public AI platform were not protected by privilege and had to be produced during litigation. The court’s concern centered on the platform’s terms of service, including provisions allowing the provider to collect, store, and potentially use user data to train the system or disclose information to third parties.

While every platform operates differently, the key takeaway is simple: information shared with an AI tool may not carry the same confidentiality protections as information shared directly with your lawyer.

What Clients Should Know Before Using AI

AI tools are not inherently harmful, but they should be used cautiously, especially during an ongoing legal matter.

Before using any AI platform:

Review Privacy and Data Settings

Many AI tools include optional privacy controls that can limit how your information is stored or used.

For example, in ChatGPT, users can:

• Go to Settings → Data Controls
• Turn off features such as “Improve the model for everyone”
• Use temporary or private chat modes when available

Other AI platforms may include settings such as:

• “Do not use my data for training”
• “Chat history off”
• “Private mode” or “temporary chat”

Even with these settings enabled, caution is still recommended.

Avoid Sharing Sensitive Information

Clients should avoid entering highly personal or legally sensitive information into public AI systems, including:

• Details about litigation strategy
• Financial disclosure information
• Settlement discussions
• Parenting disputes
• Allegations involving the other party
• Copies of legal documents or correspondence

A good rule of thumb is to treat anything entered into an AI platform as potentially recoverable in the future.

When in Doubt, Ask Your Lawyer

AI can be a useful organizational tool, but it should never replace legal advice tailored to your specific situation.

If you are unsure whether certain information is safe to share with an AI platform, speak with your lawyer first. Protecting your confidentiality and preserving your legal position should always come first.

At Galbraith Family Law, we encourage clients to stay informed and use technology thoughtfully, while ensuring that privacy and legal protections remain a priority throughout the family law process.