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by Digory
65 days ago
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1. "Conversation" is purely anthropomorphism. It's software input and output. If the client makes an excel spreadsheet about the cost benefit of ripping off people, it's not work-product. But the lawyer's draft damages analysis in excel has always been protected. 2. If we're going to buy the "conversation" conceit, lawyers talking to consulting experts have always had a lot more work product protection than testifying experts. The lawyer talking to Claude feels like talking to a consulting expert, especially since Claude can't have independent knowledge of facts that would allow it to testify. |
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