List outgoing files before they leave, including native files
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each file proposed to be sent, its type, and whether it is a native file or a fixed copy. Do not send it and do not say hidden data has been removed.
- What the lawyer must review
- You decide what leaves the office. Model Rule 1.6(c) requires reasonable efforts against inadvertent or unauthorized disclosure of information relating to the representation. A native file can carry more than the page a reader sees. No regulation that lists metadata fields was opened, so this check does not name fields and does not say a conversion removes them. Formal Opinion 512 applies if a tool is used to inspect the file. Comment 8 to Rule 1.1 includes the benefits and risks of the technology you use for that inspection.
- 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
- Preserve original files and relevant metadata. Document provenance and handling, and seek forensic review where authenticity needs to be resolved.
- 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.