List an overseas disclosure without applying a cross-border rule
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the country named in the proposal and the categories of client information it would send. Do not say the disclosure is permitted and do not send it.
- What the lawyer must review
- You decide whether it may go. No cross-border privacy rule was opened. Do not apply a foreign principle or invent a contractual clause. Model Rule 1.6(a) and (c) still govern information relating to the representation. If the information is protected health information, 45 CFR § 164.502(a) bars a use or disclosure the subpart does not permit. No section on disclosures outside the United States was opened. Formal Opinion 512 requires informed consent before the information goes into a self-learning tool. The country is the country the proposal names.
- 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
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- 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.