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How AI (Artificial Intelligence) Like ChatGPT Is Transforming Civil and Criminal Discovery

Published November 21st, 2025 by Montes & Guevara Attorneys At Law, PLLC

Artificial intelligence has quickly become one of the most powerful tools in modern legal practice. Programs like ChatGPT can analyze, summarize, and organize complex information in seconds — work that used to take teams of people hours or days to complete. But as AI becomes more accessible, many lawyers, clients, and even judges are asking the same question:

How will AI impact civil and criminal cases, especially during discovery?

What Is AI? (In Plain English)

Artificial Intelligence (AI) refers to computer systems that can perform tasks requiring human-like reasoning — such as analyzing documents, identifying patterns, or generating language.

Your ChatGPT Conversations Are Discoverable — And They Can Be Used Against You

Artificial intelligence tools like ChatGPT have become part of everyday life. People use them to ask questions, draft documents, brainstorm ideas, and even talk through personal situations. But one misconception continues to put users at risk:

  • Your ChatGPT messages are not  private
  • They are not  confidential 
  • ChatGPT entries are discoverable (Findable) in a civil or criminal case.

How AI Impacts Discovery in Civil and Criminal Cases

Discovery is information-heavy. Today’s cases include body-cam footage, surveillance videos, PDFs, emails, social media, medical records, vehicle telematics, and more. AI can touch every stage of this process. All conversations are DOWNLOADABLE which allows users to do the following:

  • Export Past Chats;
  • Retrieve Old Conversation Threads;
  • Access their full chat history

So, think twice before asking talking about your darkest secrets on the dark web. Please watch the below video that talks about this subject!


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