Draft an ethical screen from the conflict papers
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the conflict papers the lawyer marks, list the screened lawyer, the matter, the files and systems to wall off, and the notice and certification items in Model Rule 1.10(a)(2). Do not write the notice that goes to the former client.
- What the lawyer must review
- Model Rule 1.10(a)(2) allows a screen for a former-client conflict under Rule 1.9(a) or (b) only if the disqualified lawyer is timely screened, gets no part of the fee, and written notice is promptly given with the content the rule lists, including a description of the procedures, a statement of compliance, a statement that review may be available before a tribunal, and an agreement to answer written inquiries. Certifications follow on request and at the end of the screen. You write the notice. A screen does not cure a current-client conflict under Rule 1.7.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- 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.