Tell the client the basis of the fee before charging for a generative tool
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the draft engagement terms, list whether they state the scope, the basis or rate of the fee, the expenses the client will bear, and any change because a generative tool will do part of the work. Do not insert a dollar amount.
- What the lawyer must review
- Model Rule 1.5(b) requires the scope and the basis or rate of the fee and expenses to be communicated to the client, preferably in writing, before or within a reasonable time after the representation starts, and requires any change in that basis or rate to be communicated. Formal Opinion 512 says the lawyer must explain the basis for a charge for a generative tool or service, preferably in writing, before charging the client. The lawyer settles the disclosure.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
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.