Is Your Client's AI Chat Discoverable? with Leslie Bender & Craig Linton

What happens if your client asks ChatGPT for advice about their case? Is that discoverable? Is it your fault if you didn't warn them it might be? Leslie Bender and Craig Linton join the show to unpack two cases: Heppner and Warner v Gilbarco, that seem to reach opposite conclusions as judges try to draw lines around privilege, work product, and AI in an area where the rules haven't caught up to the tools.

𝗪𝗵𝗲𝗿𝗲 𝘁𝗼 𝘀𝘂𝗯𝘀𝗰𝗿𝗶𝗯𝗲 𝘁𝗼 𝗔𝗜 𝗶𝗻 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗲:

Spotify: https://open.spotify.com/show/1RqIrtqTgbng2BGuzr4aAq

Apple: https://podcasts.apple.com/us/podcast/ai-in-practice/id1846506529

𝗪𝗵𝗲𝗿𝗲 𝘁𝗼 𝗳𝗶𝗻𝗱 𝘁𝗼𝗱𝗮𝘆'𝘀 𝗴𝘂𝗲𝘀𝘁𝘀:

https://www.linkedin.com/in/lescbender/

https://www.linkedin.com/in/craigalinton/

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https://www.linkedin.com/in/mikewhelanjr/

https://www.linkedin.com/in/scottas/

𝗧𝗶𝗺𝗲𝘀𝘁𝗮𝗺𝗽𝘀:

0:00 - Introduction

1:49 - Meet Leslie Bender 2:31 - Meet Craig Linton

3:31 - Attorney-client privilege and work product 101

5:54 - Clients have always gone rogue with case info

8:00 - The Heppner case: a CEO, AI, and a 31-point memo

11:21 - Does it matter if the lawyer directed it?

13:00 - Warner v Gilbarco: the pro se counterpoint

16:08 - What discoverability means for pro se litigants

19:21 - Assume your AI self-help is discoverable

21:37 - The engagement letter hack

23:19 - Should we encourage or discourage client AI use?

25:06 - Lawyers as AI consumers: is Claude enough?

28:10 - Reasonable privacy expectations vs. the fine print

30:49 - Three predictions for the next 10 years

33:06 - Connect with Leslie and Craig