AI and Legal Ethics: Protecting Client Privacy in a Changing Legal System, with Sunny Eaton

Wrongful convictions and AI privacy may seem like separate issues, but both raise the same uncomfortable question: what happens when the legal system relies on old assumptions in a changing world? In episode 618 of the Lawyerist Podcast, Zack Glaser talks with Sunny Eaton about conviction review work, evolving science, and why lawyers should not be so quick to surrender privacy expectations in the age of AI. Sunny shares how her work in the Nashville District Attorney’s Office focuses on reviewing old convictions, identifying new evidence, and helping correct cases where the system may have gotten it wrong. She explains why changing science, including advances in DNA, trauma research, and bias studies, can matter deeply when reviewing criminal convictions. The conversation then turns to AI, attorney client privilege, client data, and the growing role of data brokers. Zack and Sunny explore whether information shared with AI tools should automatically lose privacy protection, and why lawyers may need to make stronger arguments before courts accept that assumption. If you are concerned about AI in law firms, client confidentiality, or the future of privacy rights, this episode challenges lawyers to think harder about what should remain private and why it is our job to make the government work for it. Listen to our previous episodes on AI, Privacy & Legal Ethics. #612: AI for Lawyers: What You Need to Know Before Your Clients Do, with Cat Casey Apple | Spotify | LTN #582: Deepfakes, Data, and Duty: Navigating AI Ethics in Law, with Merisa Bowers Apple | Spotify | LTN #543: What Lawyers Need to Know About the Ethics of Using AI, with Hilary Gerzhoy Apple | Spotify | LTN #486: How to Safely Include AI in Your Legal Tech Stack, with Will Anoh Apple | Spotify | LTN Have thoughts about today’s episode? Join the conversation on LinkedIn, Facebook, Instagram, and X! If today's podcast resonates with you and you haven't read The Small Firm Roadmap Revisited yet, get the first chapter right now for free! Looking for help beyond the book? See if our coaching community is right for you. Access more resources from Lawyerist at lawyerist.com. Chapters / Timestamps: 00:00 Introduction 01:25 Pruning Your Practice 04:15 When Loyalty Gets in the Way 06:25 Meet Sunny Eaton 08:45 Conviction Review Units 09:50 Reviewing Old Cases 11:25 Building Trust 12:40 What Cases Qualify 14:35 Changing Science 16:00 DNA, Trauma, and Bias 18:05 Case by Case Review 19:25 Bad Science and Old Convictions 20:40 AI and Privacy 22:00 Lawyers, Therapists, and Privacy 23:20 Giving Up Too Quickly on AI Privacy 25:30 Reasonable Expectations of Privacy 26:15 Client Data and AI Risk 29:15 What Email Teaches Us 31:00 Attorney Client Privilege and AI 33:20 Personal vs. Workplace AI Use 34:00 Old Rules, New Technology 35:45 Make the Government Work for It