There's a few threads there where folks would benefit from reading Judge Rakoff's memo. There's a copy here, or it's on PACER/RECAP: https://www.akingump.com/a/web/ssTGsd5NHbtZ1onzXQMTye/1_25-c...

For 1), his reasoning shows how intelligent, well-read humans view AI which is quite different from the attitudes seen on HN. Rakoff calls the chats "Claude searches" which while it may sound ridiculous (what is this, Perplexity?) is just how some people must view this crazy new thing: another Google. You type stuff in and get results out.

2) Rakoff goes through the 3 elements of attorney client privilege in US law (communications between attorney and client, intended to be and kept confidential, and for the purpose of legal advice). It's obvious the Claude chats fail two of them and he goes over why.

3) A lot of people bring up the point that if you use Google Docs to transcribe privileged information, is that the same, since you send your data to Google? The model AI companies take when they cater to legal clients is akin to that of a locked filing cabinet in a storage facility: sure, you're sending the data to them, but with a ZDR they ain't looking at it or training on it.

Another CRITICAL point here not mentioned in the article is Warner v Gilbarco; Gilbarco directly contradicts Heppner and indicates that work-product doctrine covers AI-generated chats! https://perkinscoie.com/insights/update/heppner-and-gilbarco...

The law is not settled.

I looked into on-premises AI for legal as a business idea but decided it's not a great idea right now.