Check whether a public legal tool puts client information into a self-learning model
Key facts
- Human involvement
- YellowClose supervision
- 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 and whether the tool can retain it or use it to answer a later user. Do not turn the tool on.
- What the lawyer must review
- Model Rule 1.6(a) forbids revealing information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or paragraph (b) permits it. Rule 1.6(c) requires reasonable efforts against inadvertent or unauthorized disclosure or access. Formal Opinion 512 says a self-learning tool can reveal one client's information to a later user, including someone outside the firm, and that informed consent is required before that information is entered. The lawyer decides whether this tool is that kind of tool.
- 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
- 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.