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Home > Law of Code > #186 - AI & Legal Privilege
Podcast: Law of Code
Episode:

#186 - AI & Legal Privilege
Category: Technology
Duration: 00:41:34
Publish Date: 2026-04-20 12:46:07
Description:

You're not the only one talking to AI chat bots today. Did you realize you're probably creating a discoverable record that could be used in future litigation?

Jacob Robinson is joined by Mike Katz, Partner at Manatt, Phelps & Phillips, LLP, for a deep dive on the legal framework governing legal privilege and AI chatbots like Claude and ChatGPT.

Timestamps:

➡️ 0:00 — Background

➡️ 1:47 — What is attorney-client privilege?

➡️ 2:44 — Policy reasons for narrowing privilege

➡️ 3:30 — The Upjohn case (1981)

➡️ 4:34 — Privilege vs. work product doctrine

➡️ 5:17 — Three elements to establish privilege

➡️ 7:23 — Consumer AI terms of service and confidentiality

➡️ 8:09 — How you lose privilege

➡️ 11:30 — War stories

➡️ 15:39 — Vibe lawyering

➡️ 19:09 — Could Anthropic, OpenAI be liable?

➡️ 22:48 — The Heppner case (2026)

➡️ 26:26 — The Kovel doctrine (1961)

➡️ 28:14 — Incognito mode & deleted chats

➡️ 30:59 — The policy question

➡️ 34:00 — This is not a new problem

➡️ 37:05 — Are lawyers coal or horses? Jevons Paradox

Sponsor: Day One Law, a boutique corporate law firm that provides strategic legal counsel to startups, crypto projects, and Web3 innovators. ⁠You can get in contact with them via this link⁠: ⁠⁠https://www.dayonelaw.xyz/#contact.

Also: I'm re-launching the Law of Code newsletter as the world's shortest legal newsletter! You can ⁠⁠stay updated on emerging tech law for free here⁠⁠. https://lawofcode.beehiiv.com/

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Disclaimer: This podcast is for informational and educational purposes only and does not constitute legal or investment advice. Views expressed by guests are their own and do not necessarily reflect those of their employers. Listening to this podcast does not create an attorney-client relationship.

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