But, I am not sure that they could not be subpoenaed. Have you asked an attorney?
It is an interesting question.
Having learned the hard/expensive way that during discovery very little in the way of documentation can be protected, the words of wisdom that I got was never write something down that you aren't willing to have read in open court and entered into the record.
Of course, if you only say it, you only have to worry about the NSA listening in. As long as you keep it boring you should be OK.
Phone Sex makes the NSA replay list
