Check who a practice tool discloses a client's confidential information to
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the tool's send list, name each person who would receive information that is confidential to the client, and whether the file shows that the person is inside the practice or that the client has authorised the disclosure. Do not send the information.
- What the lawyer must review
- The lawyer decides whether the recipient is a person the rule allows, or whether an exception applies, before anything is sent.
- 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 send list, name each person who would receive information that is confidential to the client, and whether the file shows that the person is inside the practice or that the client has authorised the disclosure. Do not send the information. |
| 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 disclose information which is confidential to a client and acquired during the client's engagement to any person who is not a solicitor who is a partner, principal, director or employee of the solicitor's law practice, or a barrister or an employee of, or person otherwise engaged by, the solicitor's law practice or an associated entity for the purpose of delivering or administering legal services in relation to the client, except as rule 9.2 permits.
- Rule 9.2 permits disclosure if the client expressly or impliedly authorises it, the solicitor is permitted or compelled by law, the disclosure is in a confidential setting for the sole purpose of advice on the solicitor's legal or ethical obligations, the sole purpose is avoiding the probable commission of a serious criminal offence, the purpose is preventing imminent serious physical harm to the client or to another person, or the information is disclosed to the insurer of the solicitor, the law practice or an associated entity.
- The lawyer decides whether the recipient falls inside rule 9.1 or an exception in rule 9.2.
- The list is not a clearance to send. Nothing is sent until the lawyer has decided.
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.