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Comment by ozb

The overruling of both Shih and the standards laid out in NYSBA ethics opinions 820/842 (and various other state bar associations, and the fact that apparently no one tried to challenge those in court until AI) without real discussion of implications seems rather unusual; and that's a rather charitable reading to avoid the crazier "Claude is a person" framing

also, he quotes Gould v Mitsui: documents do not "acquire protection merely because they were transferred" to counsel; but that same case says they do acquire protection if communicated "for the purpose of obtaining or rendering legal advice"

parent ozb 6 months ago

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