Assemble the facts for a disclosure of the lawyer’s use of a generative tool in an arbitration
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the tool log and the engagement letter, list the tasks for which a tool was used and whether the letter mentions that use. Do not write the disclosure.
- What the lawyer must review
- No statute opened for this version requires a lawyer to file a generative-tool disclosure with an arbitrator. Formal Opinion 512 addresses the lawyer’s competence under Rule 1.1 and confidentiality under Rule 1.6 when the lawyer uses a generative tool, and it discusses telling the client about that use. The lawyer decides whether the arbitration agreement, a procedural order, or a question from the tribunal calls for a disclosure, and the lawyer writes any disclosure that is sent. A disclosure filed in a district court is certified under Federal Rule of Civil Procedure 11(b).
- 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
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- 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.
- 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.