Discussion

jeffbee: Heppner's argument was dumb but it opens a field of interesting questions. If I use a document processor (like Google Docs) to compose a message to my attorney, which message itself would be privileged, but I use some sidebar feature of Google Docs/Gemini to clean up a sentence that I thought was clunky, and elsewhere I have, for whatever reason, enabled features that permit Google to use inputs and outputs to train or refine their models, has that destroyed the privilege?

mrhottakes: Yes, you lose the privilege if your attorney-client communications are not intended to be confidential. If you agree to share those communications with a third party, you don't intend them to be confidential.

siliconc0w: This is a pretty terrible decision and inconsistent with all sorts of all other standards. If I did legal research in Google docs, it'd be covered. If I went to a legal library and took notes, it'd be covered, etc

hrimfaxi: Right so calling my attorney is the same since I'm sharing the call with the phone company.

altairprime: [delayed]

leni536: What about email?

Sevii: How is this not effectively a ban on representing yourself in court? The lawyers and judge are going to be using AI. But the layman isn't allowed to use it?