OpenAI Sued: Is Using ChatGPT for Legal Questions the Unauthorized Practice of Law?

An employee using ChatGPT for legal advice

Table of Contents

What is the Lawsuit Against OpenAI About?

What is the Unauthorized Practice of Law?

What This Means for Employees: A Warning

Why AI Is Not a Substitute for a Lawyer

Contact an Employment Lawyer

Artificial intelligence tools like ChatGPT offer instant answers to almost any question, and it can be tempting for an employee facing a workplace dispute to ask for legal guidance. But can an AI chatbot practice law? A landmark lawsuit filed in March 2026 argues that it can—and that its creator, OpenAI, should be held responsible for the consequences.

The case highlights a critical risk for any employee: relying on AI for legal help is not a substitute for consulting a qualified attorney, and it can lead to disastrous results.

What is the Lawsuit Against OpenAI About?

Nippon Life Insurance Company of America has sued OpenAI, the developer of ChatGPT, in federal court in Illinois. The lawsuit alleges that ChatGPT engaged in the unauthorized practice of law by giving faulty legal advice to a woman named Graciela Dela Torre regarding her settled disability benefits case.

According to the complaint, the key events were:

1. A Settled Case: Dela Torre had settled her disability case with Nippon Life in January 2024, signing an agreement that released the company from any further claims.

2. Seeking AI “Advice”: After the settlement, Dela Torre became concerned that her own attorney had misled her. She uploaded her lawyer’s communications to ChatGPT and asked if she was being “gaslighted.”

3. ChatGPT’s Response: The lawsuit alleges that ChatGPT affirmed her suspicions and encouraged her to challenge the legally binding settlement agreement.

4. Disastrous Consequences: Based on this AI-generated “advice,” Dela Torre fired her attorney. She then allegedly used ChatGPT to draft and file over 20 motions and other legal documents to reopen her settled case, all of which were ultimately rejected by the court.

Nippon Life argues that by providing specific legal arguments and drafting documents, OpenAI, through its chatbot, crossed the line from providing general information to offering unlicensed legal services. The insurance company is suing for damages, claiming the AI-driven litigation campaign harmed its reputation and wasted judicial resources.

What is the Unauthorized Practice of Law?

The “unauthorized practice of law” (UPL) refers to the act of providing legal advice or services without a license to practice law in the relevant jurisdiction. These laws exist to protect the public from individuals who are not qualified to give legal counsel, ensuring that advice is competent, ethical, and accountable.

While the definition varies by state, it generally includes:

•Advising a person on their specific legal rights or remedies.

•Drafting legal documents for another person.

•Representing someone else in court.

The core of the Nippon lawsuit is the argument that ChatGPT’s actions—analyzing a specific situation and generating legal motions—amounted to UPL.

What This Means for Employees: A Warning

For an employee facing a hostile work environment, wrongful termination, or discrimination, the temptation to use AI as a free, instant legal resource is understandable. However, the Nippon case serves as a powerful cautionary tale. Relying on an AI chatbot for legal guidance about your employment situation is incredibly risky.

An AI model has no legal or ethical duties. It cannot understand the nuances of your case, protect your confidentiality, or offer the strategic judgment that comes from years of human experience. It is a tool, and a flawed one at that.

OpenAI’s own usage policies warn users not to rely on ChatGPT for legal advice. The platform is known to “hallucinate”—that is, to invent facts, citations, and even fake legal precedents. This can lead you to make critical errors, such as missing a filing deadline (like the statute of limitations for an EEOC charge) or pursuing a legal strategy that has no basis in reality, as Ms. Dela Torre allegedly did.

Why AI Is Not a Substitute for a Lawyer

Artificial intelligence cannot replace the critical functions of a qualified employment attorney:

•Attorney-Client Privilege: Communications with your lawyer are confidential and protected. Your conversations with an AI are not.

•Strategic Judgment: A lawyer can assess the strengths and weaknesses of your case, anticipate the employer’s arguments, and advise you on the best course of action, whether it’s negotiation, filing a charge, or litigation.

•Accountability: A licensed attorney is bound by ethical duties and is accountable for the advice they provide. An AI has no accountability.

•Understanding Context: Your case is unique. A lawyer can understand the specific facts, office politics, and human elements that an AI cannot possibly grasp.

Contact an Employment Lawyer

The rise of AI is changing the world, but it has not changed the fundamental need for sound legal counsel. If you are facing a problem at work, do not risk your rights and your future on the advice of a chatbot. The consequences can be irreversible.

Contact our office for a confidential consultation with an experienced employment attorney who can provide the guidance and advocacy you need.

Contact us today to tell us about your case.

References

[1] Robert, A. (2026, March 6). OpenAI sued for practicing law without a license. ABA Journal. Retrieved from

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