Compare document-collation tools with a court order
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the order and the tool descriptions the lawyer supplies, list what the order requires and what each tool's description says it does. Do not choose the tool and do not load the production set into a public system.
- What the lawyer must review
- If a court has ordered a method of collation, that order controls. ABA Model Rule 1.6(a) provides that a lawyer shall not reveal information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or paragraph (b) permits it. A public generative tool is not a place for a production set. Federal Rule of Civil Procedure 26(b)(1) sets the scope of discovery: nonprivileged matter relevant to a claim or defense and proportional to the needs of the case. The lawyer decides which tool, if any, fits the order and the scope. ABA Formal Opinion 512 (29 July 2024) leaves the lawyer responsible for that choice.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Rule 26(f) discovery-plan report | Court document | AI use Yellow | Joint report of the parties' Rule 26(f) conference for a United States district court, covering disclosures, phasing, ESI, privilege and the orders they will ask for under Rules 26(c) and 16(b). |
| ESI discovery protocol | Agreement | AI use Yellow | Agreement on preservation, search, and the form of production of electronically stored information in a federal civil case, for use with the Rule 26(f) report or as its own stipulation. |
Signed-in accounts can read the full text of each one. All precedents.