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
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its 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.