Prompts, privilege & discovery
T.B. v. Big Brothers Big Sisters of New York City
Selective use of part of a ChatGPT conversation waived work product and led to production of the entire transcript.
Waiver; transcript ordered01
Case background
Material facts
Counsel disclosed and relied on part of a ChatGPT exchange concerning a nonexistent article while withholding the remainder of the conversation.
02
The decision
The court’s ruling
The court found selective, at-issue disclosure and ordered the full transcript produced because the prompts bore on the supposed source and counsel’s notice of the problem.
Why it matters
What the decision means
A party that affirmatively relies on AI output puts the surrounding prompts and conversation at issue. The opposing party is entitled to context needed to test output offered as evidence or explanation.
Limit of the ruling. The waiver arose from selective affirmative use; the decision does not say that every lawyer’s prompt history is discoverable.
Primary reading