Decide whether disclosure, privileged or confidential material can go into an AI tool

Key facts

Human involvement
RedLawyer-led
How AI is used
List the categories of material on the file and the restriction that applies to each: privilege, confidentiality, court orders and personal data.
What the lawyer must review
Treat anything entered into a public chatbot as published to the world (judicial guidance). Use only tools with contractual, technical and organisational safeguards (SRA warning notice; Code para 6.3); sharing privileged material can waive privilege permanently. Check UK GDPR before personal data goes in.
Written for / version
United Kingdom (England and Wales) versionUKNZSAUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

Who does what

Who does what
RoleWhat they do
AssistanceSupporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. Substantive advice, judgement and any restricted content remain with the responsible human.
LawyerPerform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use.

Checklist

  1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  2. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
  3. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  4. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Subpoenas (Federal Court Forms 43A, 43B and 43C): issuing, service, conduct money and productionFormAI use YellowLink to the Federal Court's subpoena forms with a guide to choosing the form, describing documents, the last date for service, conduct money, how the addressee produces, setting aside, and the fee.

Signed-in accounts can read the full text of each one. All precedents.

Related tasks

Related tools

Related jurisdictions