Settle the consent shown before a tool receives information about a representation
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the acknowledgement screen, list whether it states why the tool is used, the kinds of information that will be entered, the risk that later users of the tool may have access, and the benefit to the representation. Do not treat a general sentence as consent.
- What the lawyer must review
- Formal Opinion 512 says that, where informed consent is required before information relating to a representation is put into a self-learning generative tool, boilerplate in an engagement letter is not enough. The consent must include the lawyer's judgment about why the tool is used, the risk, the kinds of information, and the benefit. Model Rule 1.6(a) is the consent rule. The lawyer 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.