Check current-client conflicts before a tool is used on a new enquiry
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the enquiry, list the names of the people and organisations mentioned so they can be searched in the conflict records. Do not say that there is no conflict.
- What the lawyer must review
- Model Rule 1.7(a) forbids a representation that involves a concurrent conflict, unless paragraph (b) is met, including informed consent confirmed in writing. A concurrent conflict includes a representation directly adverse to another client, or a significant risk that the representation will be materially limited by a duty to another client, a former client, a third person, or the lawyer's own interest. Formal Opinion 512 says a generative tool may use information from one representation in another and names Rules 1.7 and 1.9. The lawyer decides whether the tool may be used on the enquiry.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.