AI Is Not Your Lawyer: Protecting Client Privilege with Kent Berk | Ep 189

About this episode

Steve Riley sits down with attorney Kent Berk this week, on Great Practice, Great Life, to unpack a case every lawyer needs to understand: United States v. Heppner. A former CEO who used a free Claude account to draft thirty-one documents before he was indicted, and prosecutors seized every one of them. The judge ruled none of it was privileged because no attorney directed the work.

The bigger lesson extends far beyond one criminal case. Clients are already using ChatGPT, Claude, Gemini, and other AI tools to research legal issues, draft timelines, summarize facts, and develop strategies, often without telling their attorneys. Kent and Steve explain why that creates new risks for attorney-client privilege, confidentiality, discoverability, and even the quality of evidence in a case.

Whether you run a solo practice or a growing firm, this episode offers a roadmap for addressing AI with clients before a preventable mistake becomes a costly problem. The message is clear: AI is here to stay, but legal judgment, privilege, and client trust still require a lawyer.

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In this episode, you will hear:

• How the United States v. Heppner decision stripped privilege from documents created in a free AI account
• Why attorney-client privilege does not automatically extend AI tools
• The hidden risk of clients using AI before, during, and after they hire counsel
• What attorneys should add to intake processes, engagement letters, and firm AI policies
• Why AI can assist legal work but can never replace attorney judgment

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If there's a topic you would like us to cover on an upcoming episode, please email us at [email protected].

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Supporting Resources:

Kent Berk https://berklawgroup.com/team/kent-berk/

Berk Law Group https://berklawgroup.com/

Berk Law Group AI Tip Sheet https://berklawgroup.com/tools/ai-client-tipsheet/

Kent's Previous Episode Ep 160 From Burnout to 200 Days Off https://atticusadvantage.com/podcast/from-burnout-to-200-days-off-kent-berk/

The Summit https://atticussummit.com/

Grow Your Law Practice with AI https://atticusadvantage.com/workshops/grow-your-law-practice-with-ai/

United States v. Heppner Case https://harvardlawreview.org/blog/2026/03/united-states-v-heppner/

Atticus Newsletter https://atticusadvantage.com/newsletter-signup

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