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jeffbeetoday at 2:13 PM3 repliesview on HN

Heppner's argument was dumb but it opens a field of interesting questions. If I use a document processor (like Google Docs) to compose a message to my attorney, which message itself would be privileged, but I use some sidebar feature of Google Docs/Gemini to clean up a sentence that I thought was clunky, and elsewhere I have, for whatever reason, enabled features that permit Google to use inputs and outputs to train or refine their models, has that destroyed the privilege?


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erikeriksontoday at 3:24 PM

The brief linked above[0] was easy to read. IANAL but in it the author seems to say that online tools fail to meet the confidentiality "test" and explains the ruling in clear language.

[0] https://news.ycombinator.com/item?id=47779377

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mrhottakestoday at 2:18 PM

Yes, you lose the privilege if your attorney-client communications are not intended to be confidential. If you agree to share those communications with a third party, you don't intend them to be confidential.

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leni536today at 3:07 PM

What about email?