Adopt a firm policy on which AI tools may be used
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Draft the policy from the list of tools and the confidentiality limits the lawyer supplies, with a square-bracket gap for any limit not yet stated.
- What the lawyer must review
- Check every sentence before the policy is adopted. Formal Opinion 512: the lawyer remains responsible for the work, and uncritical reliance on generated text can fail Model Rule 1.1. Model Rule 1.6 requires the lawyer to keep client information confidential. A policy does not make a public tool a confidential place. Comment 8 to Rule 1.1 requires the lawyer to understand the benefits and risks of the technology the firm allows.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm 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
- 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.