Decide whether Rule 1.16 requires the firm to decline or withdraw
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the facts in the file that bear on whether the client seeks to use the firm's services to commit or further a crime or fraud. Make no recommendation to accept, decline or withdraw.
- What the lawyer must review
- Model Rule 1.16(a) requires the inquiry, and Rule 1.16(a)(4) requires the lawyer not to represent the client, or to withdraw, if the client seeks to use or persists in using the lawyer's services to commit or further a crime or fraud, despite the discussion Rule 1.16(a)(4) points to under Rules 1.2(d) and 1.4(a)(5). The lawyer makes that decision. Formal Opinion 512: a tool does not replace the lawyer's judgment. Open the admitting state's rule before acting.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.