List generative output before anything is filed with a tribunal
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List, from the file, each passage marked as generative output and each authority that passage cites. Do not write a disclosure, and do not file anything.
- What the lawyer must review
- You decide what is filed, and you write any disclosure a tribunal requires. ABA Model Rule 3.3(a) says a lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer, fail to disclose legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the client and not disclosed by opposing counsel, or offer evidence the lawyer knows to be false. Formal Opinion 512 says output from a generative tool must be reviewed so that assertions made to a court are not false, and that before materials are submitted the lawyer reviews the output, including analysis and citations, and corrects errors, including misstatements of law and fact, a failure to include controlling legal authority, and misleading arguments. The opinion says some courts have required lawyers to disclose use of a generative tool. It does not state a disclosure duty that applies in every tribunal. No standing order was opened.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes organising research leads. 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
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- 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.