Check a federal filing for generative-tool output before it is presented
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List each passage in the draft that the draft attributes to a generative tool, or that has no source in the record the lawyer supplies, with the page. Do not decide that a standing order bars the passage and do not rewrite the filing.
- What the lawyer must review
- Federal Rule of Civil Procedure 11(b) provides that an attorney who presents a pleading, written motion, or other paper to the court certifies, after an inquiry reasonable under the circumstances, that the legal contentions are warranted by existing law or by a nonfrivolous argument for changing it, and that the factual contentions have evidentiary support or will likely have it after a reasonable opportunity for investigation. ABA Formal Opinion 512 (29 July 2024) requires the lawyer to check output from a generative tool before it is relied on. No standing order was opened for this entry. The lawyer opens the assigned judge's orders and decides what may stay in the paper. The list does not.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. 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
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- 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.