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.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting 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. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- 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.
- 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Subpoenas (Federal Court Forms 43A, 43B and 43C): issuing, service, conduct money and production | Form | AI use Yellow | Link 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
Review the discovery set and draft a production issues listCheck permission before using subpoenaed or sensitive recordsBuild an issue-to-document evidence tablePrepare a navigable hearing bundle indexCheck authorities and evidence before filing submissionsConvert court orders into an action and responsibility list