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David S. Kemp
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Legal Ethics


  • You Probably Have a Duty to Warn Your Clients About ChatGPT

    March 27, 2026

    Heppner established that consumer AI conversations are not privileged. But the case also raises an uncomfortable question for practicing lawyers: if a known hazard to the privilege now exists, do you have a duty to warn your clients about it? The answer, under existing ethics rules, is almost certainly yes.

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  • Your AI Conversations Are Not Confidential — And a Federal Court Just Said So

    March 20, 2026

    A comparison of Anthropic's data-handling policies across Claude's consumer and commercial tiers — and why the distinction now carries real legal consequences after the SDNY's decision in United States v. Heppner.

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© 2026 David S. Kemp.

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