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
| 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
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Protocol before using a self-learning generative AI tool (United States) | Checklist | AI use Yellow | A 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.