Texas Business Court Weighs In On Discoverability of AI Prompts
The Texas Business Court has entered the growing national debate about whether conversations with AI tools like ChatGPT are discoverable, and it came down on the side of protection. In a minute entry filed June 3, 2026, Judge Grant Dorfman of the Eleventh Division ruled that a non-lawyer’s ChatGPT conversations, prepared in anticipation of litigation, can qualify as protected attorney work product under Texas procedural rules. The ruling came in Tate Group Automotive, LLC v. Legacy Automotive Capital, LLC , Cause No. 25-BC11B-0020, after the Court completed an in camera review of ChatGPT “conversations” that the plaintiff had withheld from production. The decision continues the developing judicial dialogue on AI discoverability, siding with two federal courts that have found no waiver and expressly splitting from another federal court that reached the opposite conclusion. In doing so, the Court rejected the argument that a non-lawyer’s sharing of information with ChatGPT necessarily wa...