Check a proposed protective order against Rule 26(c)
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the proposed order with Rule 26(c). Record whose discovery would be limited, which of the listed protections the order would use, and whether the motion states that the movant has in good faith conferred or attempted to confer. Flag an order that names none of those protections. Do not rewrite the order.
- What the lawyer must review
- You decide whether good cause is shown and you settle the order. On motion, and for good cause, the court may protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. The order may forbid disclosure or discovery, limit the scope, seal a deposition to be opened only on court order, require that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way, or use another protection the rule lists. The motion must include a certification that the movant conferred or attempted to confer in good faith. Rule 11 does not apply to a discovery motion under Rules 26 through 37. Formal Opinion 512 still requires you to review generated text, and client information must not go into a tool that does not keep it confidential.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. 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.