Decide whether US discovery or suppressed material can go into a tool
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List each document class (produced discovery, sealed, PHI, work product) for a permission table.
- What the lawyer must review
- Check protective orders and Rule 1.6 first
- Keep work-product mental impressions out of public tools (D.C. Opinion 388)
- Default to a closed environment or no tool
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
- 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.
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