Check that a tool does not give the practice a benefit from the client
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the tool's screens and any will or referral wording, list a proposed benefit to the practice, an appointment of the practice as executor, a commission, or a loan from the client. Do not leave that wording in place.
- What the lawyer must review
- The lawyer decides whether the benefit is permitted, what must be told to the client in writing, and whether the practice may act.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the tool's screens and any will or referral wording, list a proposed benefit to the practice, an appointment of the practice as executor, a commission, or a loan from the client. Do not leave that wording in place. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A solicitor must not act for a client where there is a conflict between the duty to serve the best interests of the client and the interests of the solicitor or an associate, except as the rule permits. A solicitor must not do anything calculated to dispose a client or third party to confer a benefit in excess of fair and reasonable remuneration, or that the solicitor knows or ought reasonably to anticipate is likely to induce such a benefit and is not reasonably incidental to the retainer.
- Drawing a will that appoints the solicitor or an associate as executor is permitted if, before the will is signed, the solicitor informs the client in writing of any entitlement to claim executor's commission, of any provision entitling the solicitor, the practice or an associate to charge legal costs of the administration, and, if there is an entitlement to commission, that the client could appoint as executor a person who might make no claim for commission.
- A referral benefit is permitted if the solicitor advises the client that a commission or benefit is or may be payable and of its nature, that the client may refuse the referral, and the client has given informed consent. A financial benefit payable to a third party for referring the client must be disclosed to the client first. A substantial benefit under a will, other than proper commission and proper fees, is permitted only for the family and solicitor instructing-parties the rule names.
- A solicitor must not borrow, or assist an associate to borrow, from a client, or from a former client who has indicated a continuing reliance on the advice in relation to the investment of money, unless the client is an authorised deposit-taking institution, a trustee company, the responsible entity of a registered managed investment scheme or a custodian for such a scheme, an associate where the solicitor can prove full written disclosure and that the client's interests are protected, or the employer of the solicitor. The lawyer decides. The screen is not published with the benefit in it until then.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.