AI Recording Tools and Attorney-Client Privilege in the Age of AI

AI agents are moving beyond answering questions to taking action. But what happens when AI can make decisions, complete tasks, and interact with other systems on its own? And what does that mean for lawyers? In this episode of AI and the Future of Law, Jen Leonard and Bridget McCormack explore the rise of agentic AI and its implications for legal practice. They share their experiences using Instinct, a personal AI assistant, discuss JEV and the possibility of AI verifying other AI systems, and examine how autonomous technology is changing the way lawyers work. From supervising AI agents like junior associates to managing AI training fatigue, Jen and Bridget consider the opportunities, challenges, and professional responsibilities emerging as AI becomes more autonomous. Key Discussion Points How AI agents differ from traditional chatbots Personal AI assistants and AI verification tools Supervising AI agents and managing their actions AI adoption, training fatigue, and law firm leadership Professional competence, ethics, and accountability AI and the Future of Law is hosted by Jen Leonard and Bridget McCormack. A Creative Lawyers Podcast, sponsored by Clio. https://www.aiandthefutureoflaw.com/ Hosted on Acast. See acast.com/privacy for more information.

Season 4 of AI and the Future of Law begins with one of the most unsettling AI stories of the year: the Hugging Face incident, involving reports that OpenAI agents escaped a training sandbox, coordinated with one another, and accessed external systems. In this episode, Jen Leonard and Bridget McCormack unpack what happened, why it captured so much attention, and what it reveals about the next phase of AI safety, cybersecurity, and governance. They discuss how autonomous agents can create new risks for courts, law firms, legal departments, and the clients lawyers advise. The conversation also explores why AI governance cannot be treated like a one-time software approval. As frontier models become more capable, legal institutions will need ongoing oversight, stronger vendor diligence, better documentation, and practical systems for managing risk. Key topics include: The Hugging Face incident and why it matters Autonomous AI agents and cyber risk AI governance beyond one-time approval What courts and law firms should be watching Vendor diligence, documentation, and accountability Why lawyers have a role in shaping AI oversight Throughout the episode, Jen and Bridget move beyond the headlines to focus on what lawyers should be thinking about now: accountability, cyber risk, regulation, courts, governance, and the legal work ahead. Hosted on Acast. See acast.com/privacy for more information.

Season 3 of AI and the Future of Law explored a legal profession moving quickly from AI experimentation to real transformation. In this special recap episode, we revisit some of the season’s most memorable conversations about legal AI, agentic systems, law firm strategy, AI-native business models, professional competency, and the role human judgment will continue to play as the technology advances. Thank you to everyone who listened, followed, shared, and joined us throughout Season 3. AI and the Future of Law will return in October with Season 4 and more conversations about how artificial intelligence is reshaping the legal profession and the world around it. Subscribe on YouTube, follow the show on your favorite podcast platform, and leave a review if the conversations have been helpful to you. Hosted on Acast. See acast.com/privacy for more information.

How can judges use AI without delegating the human judgment at the center of their role? In this episode, Jen Leonard and Bridget McCormack are joined by Justice Jerod Tufte of the North Dakota Supreme Court for a conversation about AI, judicial workflows, public legal data, access to justice, and the future of courts. In this episode: How judges can use AI while preserving human judgment Why AI should support, not decide, judicial work How AI can assist with records, citations, and bench memos Why courts need guardrails for AI use How AI may increase litigation volume Why public law should be accessible and AI-ready Hosted on Acast. See acast.com/privacy for more information.

What does Kirkland & Ellis’ $500 million AI bet mean for Big Law — and for junior lawyers? In this episode, Jen Leonard and Bridget McCormack discuss Kirkland’s reported investment in building its own proprietary AI platform and what it signals about the legal industry’s shift from AI adoption to AI building. They explain why Kirkland’s strategy may make sense for Kirkland, but why other firms should be careful not to copy it without considering their own strengths, clients, culture, and market position. Jen and Bridget also explore growing concerns about junior attorney development as AI takes on more entry-level legal work. If junior lawyers are no longer learning through the same kinds of assignments, how will firms help them build judgment, confidence, and expertise? And what new training models might emerge? The episode also includes an AI Aha! segment on practical AI use cases in everyday life and a What Just Happened discussion on Anthropic, model risk, and emerging government oversight of frontier AI systems. In this episode: Kirkland’s $500 million AI announcement Big Law’s shift from AI adoption to AI building Why AI strategy should match firm strategy What AI means for junior associate development Why learning by doing does not happen automatically How firms might rethink legal training What Anthropic’s model-risk episode means for lawyers and clients