Check that a tool does not take a gift or a business interest 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 gift, a business or ownership interest adverse to the client, or a payment from someone other than the client. Do not leave that wording in place.
- What the lawyer must review
- Model Rule 1.8(c) says a lawyer shall not solicit a substantial gift from a client, including a testamentary gift, or prepare an instrument giving the lawyer or a related person a substantial gift, unless the recipient is related to the client. Rule 1.8(a) sets the writing, independent-counsel advice, and signed informed consent required for a business transaction or an adverse pecuniary interest. Rule 1.8(f) requires informed consent before the lawyer accepts compensation from someone other than the client, and forbids interference with the lawyer's independent judgment. Model Rule 1.7(a)(2) is the personal-interest conflict. The lawyer decides whether the screen may stay.
- 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.