Above the Law - Thinking Like a Lawyer

AI Takes The Blame, Epstein Takes The Careers

Feb 18, 2026
A deep dive into whether AI is really behind BigLaw staff cuts and how different firm models will feel the impact. They probe risks to privilege when clients use commercial AI and how embedded tools change daily practice. The fallout from Epstein-related files and a senior legal resignation gets unpacked. A major firm pushes back on the expedited law school recruiting cycle.
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INSIGHT

AI Cited As Layoff Justification

  • Baker McKenzie's staff layoffs were explicitly tied to AI, signaling firms will cite AI to justify restructuring.
  • That rationale may vary in credibility as firms also face broader staffing and efficiency pressures.
INSIGHT

AI Use Can Threaten Privilege

  • Judge Rakoff's decision flagged that using commercial AI tools can waive attorney-client privilege.
  • That creates tension between practical AI use and preserving legal confidentiality.
INSIGHT

Embedded AI Raises Hidden Risks

  • Integration of AI into platforms like Microsoft Office risks involuntary AI use and broadened privilege concerns.
  • If default tools incorporate AI, routine drafting may fall into the third-party exception to privilege.
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