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.
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.