---
title: "Inventory every tool that can see information relating to a representation"
url: "https://ailawframework.com/obligations/confidentiality-and-client-information/build-an-inventory-of-tools-that-can-see-client-material/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A51-A20260923-1-US"
practice_area: "Confidentiality & client information"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Inventory every tool that can see information relating to a representation

> 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…

Canonical page: https://ailawframework.com/obligations/confidentiality-and-client-information/build-an-inventory-of-tools-that-can-see-client-material/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Confidentiality & client information](https://ailawframework.com/obligations/confidentiality-and-client-information.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Build an inventory of tools that can see client material](https://ailawframework.com/obligations/confidentiality-and-client-information/build-an-inventory-of-tools-that-can-see-client-material.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Florida Opinion 24-1 (19 January 2024) tells lawyers to research retention, sharing and self-learning before using a generative tool.
- California's 2026 practical guidance treats agentic tools with access to firm systems as a different confidentiality risk from an isolated prompt.

## Sources

- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 5.3, Responsibilities Regarding Nonlawyer Assistance](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_3_responsibilities_regarding_nonlawyer_assistant/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Protocol before using a self-learning generative AI tool (United States)](https://ailawframework.com/precedents/confidentiality-and-client-information/us-self-learning-gai-confidentiality-protocol.md) | Checklist | 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. |
| [Inventory of systems that can see client material](https://ailawframework.com/precedents/confidentiality-and-client-information/client-material-systems-inventory.md) | Form | Yellow | Inventory of every system that can see client material, including practice software, email, portals and AI tools, with access, location, training use and whether it is approved. |

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

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*