It’s not different from googling. If a non-lawyer googles legal advice (”how to give yourself an alibi after murdering someone”) it will not be protected by attorney-client privilege. Same if you ask OpenAI.
There is a big difference between using something like Google search and an AI chatbot, in terms of the risk of privilege waiver.
In Google you're generally entering fairly generic and short search queries. The example you provided ("how to give yourself an alibi after murdering someone"), is generic and could apply to anyone or could have been entered for other purposes such as writing a crime novel.
With ChatGPT and Claude, the risk is much higher, because you're basically uploading entire documents with potentially privileged material to a third party, as part of your prompt. To use your analogy, instead of entering a generic "how to give yourself an alibi" query, you'd be providing privileged interview notes and other attorney work product as part of your prompt to the LLM. In the Heppner case (which actually involved a client and not a lawyer), detailed reports and discussions of potential strategies were uploaded.
In Google you're generally entering fairly generic and short search queries. The example you provided ("how to give yourself an alibi after murdering someone"), is generic and could apply to anyone or could have been entered for other purposes such as writing a crime novel.
With ChatGPT and Claude, the risk is much higher, because you're basically uploading entire documents with potentially privileged material to a third party, as part of your prompt. To use your analogy, instead of entering a generic "how to give yourself an alibi" query, you'd be providing privileged interview notes and other attorney work product as part of your prompt to the LLM. In the Heppner case (which actually involved a client and not a lawyer), detailed reports and discussions of potential strategies were uploaded.