J. Madison PLC on Mastodon
J. Madison PLC Logo
Home Cloud Counsel Practice Areas Pricing For Attorneys
Sign In
A chat conversation displayed on a courtroom evidence screen, illustrating that AI chats can become evidence
What you type into a consumer chatbot about your dispute can end up in the other side's exhibit binder.
broken_imageImage not available

A Federal Judge Just Ruled Your Chatbot Conversations Aren't Privileged. Here's What That Means.

Jacob Madison Small
Attorney Jacob Madison Small
calendar_today July 10, 2026 @ 1:40 pm schedule 6 min read
ai privilege attorney-client privilege work product discovery legal ai chatbots cloud counsel wigmore

In United States v. Heppner, a federal judge held that a defendant's conversations with a consumer AI chatbot were protected by neither attorney-client privilege nor the work-product doctrine. A Texas court reached a friendlier result months later — and the split is exactly the problem. What you type into a chatbot about your legal dispute may be read by the other side.

About the Author

Jacob Madison Small

Attorney Jacob Madison Small

Attorney Jacob Small is the founder and attorney at J. Madison PLC. Jacob became an attorney in 2012 and began representing Virginia employees in 2013. He has represented hundreds of employees in employment lawsuits, arbitrations, mediations, and private negotiations. He has helped clients recover millions of dollars. Jacob has also spoken at national and regional conferences on employment litigation and legal technology.

Share this post

©2026 J. Madison PLC. We provide this material for informational purposes only. Nothing in this post creates an attorney-client relationship between you and J. Madison PLC, and you should not interpret it as legal advice. If you want to take action based on the information in this post, you should first consult with an attorney. This post may be considered attorney advertising in some jurisdictions, and our past results do not guarantee similar outcomes in your case.

Since 2013, J. Madison PLC has served employees with their legal needs—in Virginia and, for federal claims, nationwide. We represent employees who have faced wrongful actions by their employers, including wage theft, wrongful termination, discrimination, and retaliation. We help individuals who have experienced discrimination due to their race, religion, gender, national origin, disability, or age. To learn more about how we can help you, visit our legal services page or contact us.

J. Madison PLC1750 Tysons Boulevard, Suite 1500, McLean, Virginia 22102(703) 910-5062 · info@jmadisonplc.com
Privacy PolicyTerms of ServiceHelp Center

Attorney Advertising. This website is for general information only and is not legal advice. Viewing this site or submitting an inquiry does not create an attorney–client relationship. Joining Cloud Counsel forms a limited-scope attorney–client relationship under our written platform agreement: your case file is confidential and privileged, and the platform’s attorney-designed tools are part of our limited-scope legal services. We do not, however, become your attorneys for your underlying legal matter unless and until you and the firm sign a separate engagement agreement. Past results do not guarantee or predict a similar outcome — every case depends on its own facts and law — and testimonials reflect individual experiences, not a promise of results. In contingent-fee matters, responsibility for court costs and case expenses is governed by your written agreement. Cloud Counsel’s AI features, including Wigmore, are attorney-designed legal services delivered within your privileged case file; like any AI they can make mistakes, and attorney review of their output is available.

© 2026 J. Madison PLC. Responsible attorney: Jacob M. Small, licensed in Virginia. Federal-forum matters (such as EEOC, MSPB, and federal whistleblower proceedings) may be handled for clients nationwide where permitted; other matters outside Virginia may be co-counseled with, or referred to, lawyers licensed in the relevant jurisdiction.

homeHome
cloud_circleCloud Counsel
library_booksPractice Areas
point_of_salePricing
gavelFor Attorneys
infoAbout Us
emoji_peopleOur Team
balanceLegal Services
play_circleDemo
articleBlog
help_outlineHelp
task_altGet Started