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droidjjyesterday at 9:59 PM11 repliesview on HN

As a lawyer, I'm excited about this, but there are two roadblocks that I'm not sure how Anthropic will navigate:

(1) For non-lawyers who use these skills/connectors/whatchamacallits to try to get legal advice, their communications are not protected by attorney-client privilege. This will absolutely bite some people in the ass.

(2) If a lawyer uses this with confidential client information (which, to the uninitiated, doesn't just mean SSNs and bank account numbers, but "all information relating to the representation of a client") and forgets to toggle off "Help improve Claude" in their settings, they have possibly (maybe even likely) committed malpractice.[1]

[1] https://www.americanbar.org/content/dam/aba/administrative/p...


Replies

bryantyesterday at 10:03 PM

Citation for #1 - https://harvardlawreview.org/blog/2026/03/united-states-v-he...

> Judge Rakoff of the Southern District of New York — addressing “a question of first impression nationwide” — ruled that written exchanges between a criminal defendant and generative AI platform Claude were not protected by attorney-client privilege or the work product doctrine.

Much more to it than this one-liner that I pulled out, but safe to say, don't rely on or put your legal defense etc. (or elements of it) into AI unless you want it discovered.

(not a lawyer, unlike OP, who might be able to refine what I highlighted with more precision)

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nerdsniperyesterday at 10:13 PM

For (1) it's so wild to me that if I pay a lawyer, they can run the same queries on these tools and they are protected by attorney-client privilege, but if I do it to help me prepare my defense, then the exact same queries would be subject to subpoena/discovery.

Does anyone know if there exists any OPSEC procedure for me to use third party tools like this for my own concerning legal questions that is both ethical and allows me to be confident that my interactions won't land in discovery documents?

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tjohnsyesterday at 11:21 PM

#1 is a little complicated. Communications with an AI are possibly sometimes protected by work-product doctrine... but only if you're representing yourself as a pro se litigant, and strictly limited to mental impressions and opinion work product of counsel (in this case, extended to the pro se litigant). See: Warner v. Gilbarco, Inc.

There's a good summary of the current state of things here: https://www.akerman.com/en/perspectives/ai-privilege-and-wor...

Also worth noting that none of this is binding precedent, so expect this field to evolve over time.

SkyPuncheryesterday at 10:04 PM

For #2, I’d expect you’d use this through an organization/business account that has data retention turned off by default.

shivekkhuranatoday at 9:17 AM

Slightly related: Amazon’s bedrock has better privacy guarantees. This seems to be skills that can be added to Desktop app, which can connect to Bedrock for inference.

socotoday at 10:25 AM

Also in all seriousness, can we actually trust that setting? I might be paranoid, but that doesn't mean that the whole world hasn't broken my trust...

0gsyesterday at 10:54 PM

what if either user uses these skills with offline weights? should help with 2), at least right?

colechristensenyesterday at 10:17 PM

In the legal world are there certifications for handling privileged information?

For example in the medical world if you are a provider covered by HIPAA you must have a signed "Business Associate Agreement" with any party that handles the covered protected health information (PHI).

troupotoday at 8:23 AM

> As a lawyer, I'm excited about this,

As in "I'm excited to win a lot of money dismantling hallucinated quotations and invalid assumptions"?

bethekidyouwanttoday at 12:05 AM

It’s a bit of a moot point because the amount of times that your AI logs are going to be subpoenaed in your court case approaches zero.