Inventory every tool that can see information relating to a representation

Key facts

Human involvement
YellowClose supervision
How AI is used
Build a register of each tool that can receive information relating to a representation, with columns for the operator, whether it retains or trains on inputs, who else can access the inputs, and whether a client consent is already on the file.
What the lawyer must review
Model Rule 1.6(c) requires reasonable efforts against unauthorised access or disclosure. Formal Opinion 512 requires informed consent before information relating to the representation goes into a self-learning tool whose output could disclose it. Rule 5.3 requires measures so that nonlawyer assistance, including a tool, is compatible with those duties. Confirm each row against the provider's current terms before the tool is used on a matter.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistanceConsider narrowly defined preparation support after confirming the tool’s capability and 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. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Protocol before using a self-learning generative AI tool (United States)ChecklistAI use YellowA check before anyone puts information relating to a representation into a generative AI tool that may learn from inputs or reveal them in later output, including to someone behind an ethical wall.

Signed-in accounts can read the full text of each one. All precedents.

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