If you or your team use ChatGPT for research, drafting, or brainstorming, there’s an important new warning you should know about. OpenAI, the company behind ChatGPT, is now required to keep user chat logs—even deleted ones—because of a court order in the New York Times v. OpenAI case. This means that for anyone using Free, Plus/Pro, or Team plans, your chats could be stored indefinitely, even if you delete them or use the “temporary chat” feature. Enterprise accounts are the exception—they have more robust privacy protections.

The Bigger Problem: Shared Chats Can Be Public

Another issue has come to light: chats shared via a link can sometimes end up in Google search results. If someone searches site:chatgpt.com/share, they can see public conversations.

That’s a big deal for lawyers and legal staff. Imagine brainstorming case strategy with colleagues using ChatGPT and sharing the link—those details could unintentionally be out there for anyone to see. Or think about a client who uses ChatGPT to get some background info, shares that conversation with you, and suddenly their personal information is floating around online.

Why This Matters for Paralegals Too

Confidentiality is a cornerstone of the attorney-client relationship, and paralegals are part of that duty. Any accidental disclosure—even by mistake—can lead to serious consequences, from reputational harm to malpractice risk. Because paralegals often deal with huge amounts of client documents and sensitive information, they need to be extra cautious. Even a “harmless” ChatGPT chat used for general research could create problems if the conversation link contains anything that might identify a client or case.

What You Should Do Right Now

• Don’t share ChatGPT conversations by link. If you need to collaborate, copy and paste into a secure platform.
• Avoid entering client names or details unless you’re using an Enterprise account with strict data controls.
• Let your team and clients know about these risks. Education is key—especially for clients who may be using ChatGPT on their own.
• Check your firm’s policies on AI tools. Many firms are starting to issue guidelines or outright bans until security issues are resolved.

Amy Jo McGuigan, ACP, CEDS, CAS, a senior paralegal at Swanson & McNamara LLP, is the Paralegal Section’s Chair.