alt Hacker NewsAccording to the ruling’s citations, the purpose of the privilege is to provide protection for the mind of the advocate. If you’re not the advocate and you’re not talking to the advocate the privilege doesn’t apply. Should-bes in this case are imponderable to me but that appears to be what-is.
Yes, I think that's completely wrong. It focuses on the advocate as some kind of special role, but I think the core problem is preparing for a court case, and I don't think it makes sense to focus on him.
I think an accused should be able to make strategy notes for a court case and be able to have those be secret from the prosecution, and to look up things for these purposes, and, to use Google docs etc. if he so wants.
I also see that some other comments describe that work product has previously been treated as a broader notion with less focus on the advocate and more on preparing for the court case, so I'm far from convinced this has been decided correctly.