Build a matter upload checklist before any file goes into a tool
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For the categories the lawyer names, list whether the material is information relating to a representation, work product, or protected health information, and the restriction the lawyer has already marked. Do not upload anything.
- What the lawyer must review
- Comment 18 to Model Rule 1.6 requires competent safeguards against unauthorised access and inadvertent disclosure. Formal Opinion 512 treats input of information relating to the representation into a self-learning tool as a confidentiality problem unless the client gives informed consent or the disclosure is impliedly authorised. A covered entity or business associate may not use or disclose protected health information except as 45 CFR § 164.502 permits or requires. You decide the category and whether the tool is allowed to see it.
- 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 that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- 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. |
| Staff undertaking on unapproved generative AI tools (United States) | Letter | AI use Yellow | A short undertaking by a lawyer or staff member not to put firm or client information into a generative AI tool the firm has not approved, and to tell a supervisor if that happens. |
| Check before using a hypothetical in a generative AI tool (United States) | Checklist | AI use Yellow | A check that a prompt is a true hypothetical under Rule 1.6 Comment [4]: no reasonable likelihood that the tool, or a later reader of the output, could identify the client or the situation. |
Signed-in accounts can read the full text of each one. All precedents.