Yes, but he's still using it to prepare his legal arguments and to understand the law.

The reason attorney-client communication is privileged is so that people won't interfere in people's preparation of their case, not because the lawyer is magic. The principled thing is for the courts to apply principles like this based on the principle.

According to the ruling’s citations, the purpose of the privilege is to provide protection for the mind of the advocate. If you’re not the advocate and you’re not talking to the advocate the privilege doesn’t apply. Should-bes in this case are imponderable to me but that appears to be what-is.