Log an inadvertent receipt before any reply is written
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Record the sender, the date, and the document title. Do not summarize the contents and do not write a reply.
- What the lawyer must review
- You write any reply, and you decide whether the paper is read further. Model Rule 1.6(c) requires reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation. Putting the contents into a tool can be a further disclosure. Formal Opinion 512 requires informed consent before information relating to a representation goes into a self-learning tool whose output could disclose it. That includes another person's confidential paper if it relates to a representation. No rule that tells you to notify the sender or to delete the paper was opened. Model Rule 1.4(b) is how you explain the receipt to your own client.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes summarising source material. Confirm 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
- 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.