#186 - AI & Legal Privilege

Does attorney-client privilege exist when you use ChatGPT or Claude? Should it?

Jacob Robinson sits down with Mike Katz, Partner at Manatt Phelps & Phillips, to examine whether attorney-client privilege, work product or any analogous protection applies when people ask AI chatbots legal questions.

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

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