AI and Legal Ethics: Privilege, Discovery, and Risk

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...