If you are involved in a lawsuit, preparing for a deposition, or working with a high conflict person in a legal dispute, there is a new issue you cannot afford to ignore: your use of artificial intelligence.

Tools such as ChatGPT, Claude, Gemini, Copilot, and other AI platforms are increasingly becoming part of everyday life. People use them to draft emails, analyze documents, think through negotiations, research legal questions, rehearse conversations, or simply vent about the opposing party. But when AI is used in connection with a legal matter, those conversations may create questions about discovery, evidence, confidentiality, and privilege.

That means one seemingly simple deposition question can open the door to a much larger conversation:

“Have you used ChatGPT, Claude, Gemini, Copilot, or any other AI tool in connection with this matter?”

For anyone facing a deposition, understanding how to prepare for this question could be critical.

Why AI Use Is Becoming a Deposition Issue

According to the transcript, the legal landscape surrounding AI and discovery is changing rapidly. The discussion points to United States v. Heppner as an important development and argues that opposing counsel may increasingly ask witnesses about their use of public facing AI tools.

The concern is not simply whether someone used ChatGPT.

The real concern is what happened after they used it.

If someone acknowledges using AI in connection with a case, opposing counsel may begin asking additional questions about which platforms were used, what information was entered, whether documents were uploaded, whether conversations were deleted, and whether anyone else used AI on the person's behalf.

In other words, the original AI question can become the starting point for a much broader discovery cascade.

The Five Follow Up Questions You Need to Anticipate

The transcript identifies five potential areas of questioning that can follow an admission of AI use.

1. Which AI Tools Did You Use?

If you answer yes, the next question may be which AI platforms you used.

That could include ChatGPT, Claude, Gemini, Copilot, Grok, or another tool.

The important lesson is simple: do not guess about your AI history.

If you have used multiple accounts, platforms, or email addresses, knowing your own history before a deposition becomes part of preparation.

2. What Information Did You Put Into the AI?

The next issue can become the type of information entered into the platform.

Did you enter case facts?

Did you discuss a settlement?

Did you paste an email?

Did you enter financial information?

Did you upload or summarize documents?

The more specific the information, the more specific the potential discovery questions can become.

3. Did You Upload Any Documents?

This question can become particularly important.

If documents were uploaded into an AI platform, opposing counsel may want to know which documents were involved and what happened to them.

That is why keeping track of AI usage before a deposition can be far better than trying to reconstruct everything under pressure while sitting under oath.

4. Did You Delete Any AI Conversations?

According to the transcript, this is potentially one of the most consequential questions.

If AI conversations related to a matter existed and were later deleted, the circumstances surrounding those deletions may become relevant to questions about preservation of evidence.

This is precisely why you should never make assumptions about what is safe to delete in a legal matter.

Discuss your situation with your attorney and follow their instructions regarding preservation and discovery.

5. Did Anyone Else Use AI on Your Behalf?

The transcript also raises the possibility of questions about third parties.

Perhaps a spouse, family member, business partner, assistant, or another person used AI while helping with a matter.

That means deposition preparation should not necessarily stop with your own AI accounts.

Understanding who may have used AI in connection with your case can help you and your attorney identify potential issues before opposing counsel does.

The Biggest Mistake: Lying Under Oath

There is one response you should never choose simply because you are afraid of where the questioning might go:

Do not lie.

A deposition involves sworn testimony. If you used an AI tool and answer that you did not, you may create a much more serious problem than the original AI use.

The transcript emphasizes that witnesses can face three broad situations after being asked about AI use: truthful disclosure, false testimony, or evasive answers.

None should be handled casually.

The answer needs to be truthful, accurate, and prepared with your attorney.

Three Safer Preparation Paths

The transcript outlines three approaches that may be relevant depending on the circumstances.

Path One: Define the Scope of Your AI Use

If you have used AI for personal or unrelated purposes, be prepared to distinguish that usage from anything connected to your legal matter.

For example, someone might use AI for general writing or everyday questions without ever discussing their case.

But the critical point is that the answer must be accurate.

You should not manufacture a narrow explanation simply because it sounds safer.

Path Two: Understand Counsel Directed AI Use

The transcript also discusses situations where an attorney has specifically directed the client to use a particular AI platform within a structured legal workflow.

That situation may be materially different from casually entering confidential case information into a public AI chatbot.

If AI is going to be used for legal work, the transcript's message is to establish the appropriate structure before the deposition rather than trying to explain it afterward.

Path Three: Ask for Clarification

Sometimes a question may be broader than you understand.

What does “in connection with this matter” mean?

What time period is being addressed?

Which types of AI tools are included?

What information is opposing counsel actually asking about?

The transcript recommends understanding the scope of a question rather than volunteering unnecessary information. Your attorney can help determine when clarification or an objection is appropriate.

How to Prepare for an AI Related Deposition Question

Preparation should happen before you walk into the deposition room.

The transcript recommends four key steps.

Step 1: Create an AI Usage Inventory

Review your AI use over the relevant period with your attorney.

Identify the platforms you have used, accounts associated with those platforms, and the general types of information you entered.

The goal is not to create another document for opposing counsel.

The goal is to make sure you and your attorney know what happened.

Step 2: Identify Third Party AI Use

Think about anyone who may have used AI in connection with your matter.

This could include family members, business associates, assistants, or other people helping you.

Again, this is about preparation, not controlling another person's testimony.

Step 3: Rehearse With Your Attorney

Do not wait until the deposition begins to hear these questions for the first time.

Have your attorney ask:

“Have you used ChatGPT, Claude, Gemini, Copilot, or any other AI tool in connection with this matter?”

Then practice giving a truthful, precise answer.

The purpose of rehearsal is not to memorize a script.

It is to prevent panic.

When people are surprised by a question, they may talk too much, become defensive, guess, or volunteer information that was never requested.

Preparation can help prevent that.

Step 4: Establish a Safer AI Workflow Going Forward

If you are going to use AI while involved in litigation, discuss the appropriate tools and procedures with your attorney first.

The transcript specifically presents SLAY AI as a platform designed for high conflict legal work and counsel directed use, with data isolation built into its architecture.

The broader lesson is bigger than any particular tool:

Do not casually put legal information into a general purpose AI platform without understanding the implications.

Why Preparation Protects Your Leverage

There is a larger principle underneath this entire discussion.

In high conflict situations, leverage often disappears when people react emotionally instead of strategically.

A deposition is no different.

When a witness suddenly realizes that an innocent looking question could lead to dozens of follow ups, the natural response may be panic.

Panic creates problems.

You may start explaining.

You may start guessing.

You may contradict yourself.

You may reveal information that was never requested.

Or you may make a decision without giving your attorney an opportunity to help you.

That is why preparation matters.

Preparation is not paranoia. It is leverage.

AI Chats, Discovery, and Attorney Client Privilege

One of the biggest misconceptions people can have is assuming that anything discussed with an AI chatbot is automatically private or privileged.

The transcript specifically warns against treating public AI platforms as though they automatically carry attorney client privilege.

That distinction is extremely important.

If your attorney has not specifically established an AI workflow for your legal matter, do not assume that your conversations with an AI system receive the same protection as communications directly between you and your lawyer.

Ask your attorney.

Understand the platform.

Understand how your information is handled.

And understand what you are actually putting into the system.

The Rule to Remember Before Your Next Deposition

If there is one message to take away from this discussion, it is this:

Know your AI history before opposing counsel asks about it.

Do not wait until you are sitting in a deposition to remember that six months ago you uploaded an email into ChatGPT.

Do not assume that deleting a conversation makes the issue disappear.

Do not guess.

Do not lie.

And do not improvise when the question catches you off guard.

Instead, work with your attorney ahead of time to understand your AI usage, identify potential discovery issues, determine what information needs to be preserved, and rehearse how you will respond.

The goal is not to avoid answering legitimate questions.

The goal is to answer truthfully while protecting your legal position and preserving your leverage.

Final Takeaway

Artificial intelligence is changing how people communicate, research, negotiate, and prepare for legal disputes. It is also creating new questions about discovery and evidence.

For anyone involved in litigation, AI use should now be part of deposition preparation.

Build your AI usage inventory.

Identify potential third party use.

Discuss your history with your attorney.

Understand which AI tools are appropriate for future legal work.

And most importantly, rehearse before you are under oath.

Because the most dangerous part of the AI deposition question may not be the question itself.

It may be everything that happens after you answer it.

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— Rebecca Zung

The Leverage Lawyer