Record that a client was consulted before a generative tool did significant work
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the retainer and the description of the tool, list whether the client has been told that the tool will be used, what information it will be given, and whether its output will bear on a significant decision in the matter. Do not send the disclosure.
- What the lawyer must review
- Model Rule 1.4(a)(2) requires the lawyer to consult reasonably about the means, and Rule 1.4(b) requires an explanation sufficient for an informed decision. Formal Opinion 512 says consultation is required when information relating to the representation will be entered, when the tool affects the basis or reasonableness of the fee, and when the output will influence a significant decision. The lawyer decides whether this use is one of those cases and settles the words.
- 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.