The Legal Risks of Using AI in Your Defense

If you’re curious about how AI is changing criminal defense, attorney-client relationships, and the law itself, you’ll want to listen in.I’m Steve Palmer, and I’m digging into a topic that’s becoming increasingly important in the legal world—"AI is NOT Your Attorney."In this episode, I start by reflecting on a classic lesson from law school: a lawyer isn’t a bus, and now, more than ever, a lawyer isn’t a robot either. That idea sets the stage as I walk you through a recent case out of New York—United States vs. Heppner—where the defendant used AI to analyze his legal defense.The government seized those AI-generated results and saw them as a strategic goldmine, raising big questions about attorney-client privilege in our high-tech age.I break down why plugging legal advice into AI isn’t protected by privilege—once you enter that information into a digital system, you might be waiving your rights to confidentiality.From Zoom recordings to AI transcription tools, these digital conveniences can easily erode the protection clients expect.I share practical advice for lawyers and clients on safeguarding privilege in a tech-driven landscape, and offer my thoughts on the legal precedents just beginning to take shape.Remember, I’m not giving legal advice here—just sharing insights and real talk on today’s pressing legal challenges.3 Key Takeaways:AI is Not Privileged: Plugging sensitive legal information into AI tools—even for personal analysis—can destroy attorney-client privilege. AI is a third party, just like any non-lawyer in the room.Old Rules, New Tech: Courts are applying existing privilege rules to AI, meaning that any communication shared with or processed by AI platforms could be discoverable by opposing counsel or the government.Be Ultra-Cautious: Lawyers and clients must be careful with technology in legal settings. From transcription devices to Zoom recordings with disclaimers—if a third-party tool is present, privilege may be lost.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2026 Stephen E. Palmer - Attorney At LawMentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com