---
title: "Check whether a public legal tool sends a user's facts to an open model"
url: "https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/check-whether-a-public-legal-tool-sends-a-user-s-facts-to-an-open-model"
type: "task"
site: "AI Law Framework"
id: "A43-JU20261022-4"
practice_area: "Client-facing & access-to-justice AI tools"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether a public legal tool sends a user's facts to an open model

> From the vendor terms, the privacy settings and a sample of what a user can type, list what text leaves the firm or centre and whether an open tool may retain it or use it to train a model.

Canonical page: https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/check-whether-a-public-legal-tool-sends-a-user-s-facts-to-an-open-model  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Client-facing & access-to-justice AI tools](https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the vendor terms, the privacy settings and a sample of what a user can type, list what text leaves the firm or centre and whether an open tool may retain it or use it to train a model. |
| What the lawyer must review | The lawyer decides whether any of that text could be confidential, including for a person who is not yet a client, and whether the tool must be closed, restricted, or limited to a controlled environment. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace each data flow to the vendor terms and to the confidentiality duties in the professional guidance.

- What the AI does: From the vendor terms, the privacy settings and a sample of what a user can type, list what text leaves the firm or centre and whether an open tool may retain it or use it to train a model.
- What the lawyer does: The lawyer decides whether any of that text could be confidential, including for a person who is not yet a client, and whether the tool must be closed, restricted, or limited to a controlled environment.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Read the current vendor terms on retention, training and who can see prompts. Do not rely on a marketing page.
2. Confirm the record distinguishes an open tool from a closed tool with contractual controls.
3. Check that a user cannot paste documents obtained under compulsion unless the lawyer has dealt with that separately.
4. Record the lawyer's decision before the tool is offered.

## Notes

- 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.

## Sources

- [Victorian Legal Services Board and Commissioner, Statement on the use of artificial intelligence in Australian legal practice](https://lsbc.vic.gov.au/news-updates/news/statement-use-artificial-intelligence-australian-legal-practice) (checked 2026-10-22)
- [Queensland Law Society, Guidance Statement No 37: Artificial intelligence in legal practice](https://www.qls.com.au/practising-law-in-qld/ethics/guidance-statements/no-37-artificial-intelligence-in-legal-practice) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/check-whether-a-public-legal-tool-sends-a-user-s-facts-to-an-open-model/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*