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Texas · AI law2 min read

Texas judge says some ChatGPT chats can stay private in a lawsuit

A Texas judge ruled that some ChatGPT chats can stay private in a lawsuit. Anyone who may be sued should know that other pages had to be handed over.

By the Dashline deskSource: JD Supra
Texas judge says some ChatGPT chats can stay private in a lawsuit
Photo: Larry D. Moore, CC BY 4.0

A Texas Business Court judge has ruled that some of a person's ChatGPT conversations can be kept from the other side in a lawsuit. The ruling says that using an AI tool does not automatically give up legal protection for those chats.

What the judge decided

The case is Tate Group Automotive LLC v. Legacy Automotive Capital LLC, a 2025 dispute over a dealership purchase. Kris Tate, a third-party defendant, used ChatGPT for document review, analysis and litigation strategy. Of 53 conversations, about 1,800 pages in all, eight were withheld entirely.

The other side argued the chats were not "work product," a legal shield for materials prepared for a lawsuit. They said the chats were not prepared by or for a lawyer, and that sharing information with a tech vendor gave up any protection. Judge Dorfman reviewed the chats privately and disagreed. He said Texas rules "plainly appear on their face" to protect Mr. Tate's chats.

The protection had limits. Dozens of other pages did not qualify, and the judge ordered them handed over.

What is not known yet

The judge noted this is new ground. Every case either side cited was published in 2026, and one court called its own ruling a question of first impression nationwide. Texas rules also differ from the federal rules, so other courts may see it differently. The material does not say whether the ruling will be appealed. If a lawsuit is possible, ask a lawyer before using AI tools for it.

The takeaway

If a lawsuit is possible, ask a lawyer before using ChatGPT for it, because some of those chats may still have to be handed over.

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