Separate a generative-tool overhead cost from time and from a per-use expense

Key facts

Human involvement
YellowClose supervision
How AI is used
From the time entries and the tool invoices, separate a licence or a tool built into ordinary software from time spent on one client's matter and from a charge the provider bills per use. Do not draw the bill.
What the lawyer must review
Model Rule 1.5(a) forbids an unreasonable fee or an unreasonable amount for expenses. Formal Opinion 512 says a tool that functions like maintaining the practice is overhead and is not charged to the client unless the client was told in advance. A per-use charge by an outside provider for work on one client may be billed as the actual out-of-pocket expense. Hourly bills are for time actually spent, including review of the output. The lawyer decides which amount may be billed.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  2. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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