AI and Legal Ethics: Privilege, Discovery, and Risk

About this episode

This episode discusses legal ethics and privilege issues related to the use of generative AI by clients and lawyers.

This Law Practice Today podcast episode discusses legal ethics and privilege issues arising from clients’ and lawyers’ use of generative AI, featuring consultant and ethics attorney Jennifer Ellis. Ellis compares two February 10, 2026, bench rulings—United States v. Heppner (S.D.N.Y.) and Warner v. Barco (Michigan)—that reached opposite conclusions on whether a client’s AI interactions are discoverable, highlighting differences in judges’ approaches and understanding of AI privacy policies an...

People in this episode

Guest: Jennifer Ellis

Topics covered

• legal ethics
• generative AI
• privilege issues
• discovery
• risk
• bench rulings

Keywords

• legal ethics
• generative AI
• privilege
• discovery
• bench rulings
• AI privacy policies

Mentioned in this episode

Books & works: United States v. Heppner, Warner v. Barco

Places: S.D.N.Y., Michigan

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