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Ian's avatar

Good interview and guest, thank you for that. I’m also a big fan of Claude, and especially skills. However, I have reservations about using Claude or any of the big models for legal work. Not because of hallucinations (which as Zack mentioned, doesn't have to be a real problem if you supervise it appropriately), but because the terms of service arguably conflict with the attorney duty of confidentiality.

The court's decision in United States v. Heppner recently brought the risk into sharp relief. It contains this pretty scary morsel: “if certain information that Heppner input into Claude was privileged, he waived the privilege by sharing that information with Claude and Anthropic, just as if he had shared it with any other third party”.

My strategy is to  build my own legal tools (using Claude Code - of course), and then using those tools to access Claude through the Anthropic API, along with a negotiated zero data retention agreement. Honestly though, you can get pretty far just by making your own tools with AI even if the resulting tools don't USE AI. A lot can be done with deterministic (not AI) automation, when you have your own private developer in Claude Code!   

Ideally, self-hostable models will soon be good enough to combine with self-built tools, ensuring work product never leaves your control.

Links below are to the Heppner decision, and Anthropic re ability to seek a zero retention agreement.

https://scholar.google.com/scholar_case?case=14510865396992864515&q=United+States+v.+Heppner,+No.+25%E2%80%91cr%E2%80%91503+(JSR)&hl=en&as_sdt=2006

https://support.claude.com/en/articles/7996866-how-long-do-you-store-my-organization-s-data

AB's avatar

Loved the post and thanks for highlighting Shapiro. I'm looking for knowledge and guidance on AI and the law to help guide me as I look for the best ways to utilize these tools.

You might like this one I recently learned of

https://substack.com/@ab1927/note/c-222209383?r=hiq2l

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