After a terrible auto accident, you want clarity on your recovery. In your search for a potential personal injury attorney, you might encounter a chat window that offers to help you. Because it is on a lawyer’s site, this might be a sign that the conversation is private. Unfortunately, this assumption could hurt your personal injury case.
The chatbot is not a lawyer
Under the Texas Rule of Evidence 503, the attorney-client privilege only protects confidential communications between a client and a licensed attorney. This does not apply to artificial intelligence (AI) chatbots that exist on a lawyer’s website.
Chatbots fail to meet the requirements of the attorney-client privilege because they do not have a license to practice law. For a conversation to be protected, there must be a legal relationship between the lawyer and client. Since the chatbot is merely a computer, it cannot form this connection with you.
An AI platform may not be private
Unfortunately, the AI chatbot may not be a secure platform. Its terms of service may tie to a third party, which waives the confidentiality requirement of the privilege. In the event of a breach, a hacker can access your sensitive information against you.
What you can and should not share
When you are using a website’s initial contact bot, treat it like an interactive contact form. You can share basic data, such as your name, contact details and request a call-back. Avoid mentioning specific details about how the accident occurred or any admission of doubt.
Speaking with an attorney grants you the protection
Instead of disclosing your accident with an AI chatbot, discuss the matter with a personal injury attorney instead. With their experience and ability to form a legal relationship with you, anything you say to them remains confidential under the attorney-client privilege. Through them, you seek answers to your concerns about compensation and fault.
