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Claude for Legal

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Re: Claude for Legal

#52

Earlier quoted context omitted.

Can anyone be your lawyer, or does a lawyer have to be certified somehow?

You have to be admitted to the bar to practice law. Which is to say, other lawyers must recognize you as a lawyer, and this recognition can be taken away.

More practically, this means (in America) that you need a JD degree (4 year grad school), to pass an exam, and pass a(n oftrn horrifically thorough) character background check.

Re: Claude for Legal

#53
post #39

Earlier quoted context omitted.

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…

Wouldn't that same logic exclude evidence from Google searches, like "how to get away with murder"?

Yes? Which makes it feel like the answer is just “No.” Unless you use Mullvad, TailsOS, and don’t log into the service. But I’m not sure if that’s “ethical” for Google/DDG searches and it’s not really possible for Claude/Kagi. I would assume that simply using a “secret” account isn't a magic way to avoid discovery either.

Re: Claude for Legal

#54
post #7

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,…

#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.

Re: Claude for Legal

#55
post #7

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,…

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…

If you are preparing for your own defense and don't have an attorney (you're acting pro se), your own LLM use would likely be protected under work product doctrine. The court would extend you some of the same protections an attorney would have, for the limited purposes of preparing your case.

This is a very narrow exemption, however.

(You would also want to make sure you're using a paid AI plan with contractually guaranteed privacy protections, otherwise it could be construed as third-party communications, which implicitly waives privilege.)

See: Warner v. Gilbarco, Inc.

Re: Claude for Legal

#56
I wonder what clients would think if they discovered their lawyer uses a chatbot with their confidential story. Even with redaction, patterns still emerge. Certainly I wouldn't be happy in any case.

I see this as a strong case for private AI, or an in-house stack.

Or I have to be missing something.

Re: Claude for Legal

#58
post #7

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,…

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…

>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.

How's this any different than any professional license? You're basically paying for preferential treatment from the state in a given subject area.

Re: Claude for Legal

#59

This is why I think many of the current application-layer AI startup valuations are a bit iffy. When the big AI companies like Anthropic start expanding their vertical products, the calculus changes. I'm just wondering how committed they'll be - I guess the edge some startups still have, is the fear that product suites from OpenAI / Anthropic / etc. will go the way of Google products, a year or two then straight to t…

Every valuation in the AI space is iffy. Nobody actually has a solid business plan, only vibes, but that isn't stopping people from throwing money at them.

Re: Claude for Legal

#60
post #2

I guess at some point we will have lawyers, attorneys and judges using this stuff ... at the point lawyers will become kinda "seo"/"copywriter" experts on how to better trick the others LLM.

I mean, the laws are written down somewhere though. A human can still look at the actual law and surmise that the AI is feeding them bullshit.

I think the problem is that laws overlap, with decades of case law clarifying their interactions. Looking at one law probably isn't enough to determine whether an LLM is lying to you.
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