Work Product Is Not for Sale: AI, Access, and Texas Rule 192.5
Consumer AI tools do for clients what lawyers have always advised: document the facts, organize the timeline, and come prepared. This article argues that Texas Rule 192.5 already extends work product protection to AI-assisted litigation preparation under the same doctrine that covers handwritten notes and voice memos. Building a rule around automatic waiver would not eliminate AI’s role in Texas civil litigation but would create a sharp divide. It would grant enterprise-level protection to clients with the budget for managed AI platforms while leaving everyone else without it.