---
title: "List confidentiality risks of using a generative tool on competition advice"
url: "https://ailawframework.com/practice/competition-and-consumer-law/advise-a-board-on-privilege-risk-when-using-ai-tools-on-competition-advi/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A29-B7-4-US"
practice_area: "Competition & Consumer Law (ACCC / ACL)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List confidentiality risks of using a generative tool on competition advice

> List what client facts the proposed use would enter into the tool, and whether the tool's terms say it trains on inputs or discloses them. Do not write the board note.

Canonical page: https://ailawframework.com/practice/competition-and-consumer-law/advise-a-board-on-privilege-risk-when-using-ai-tools-on-competition-advi/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Competition & Consumer Law (ACCC / ACL)](https://ailawframework.com/practice/competition-and-consumer-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List what client facts the proposed use would enter into the tool, and whether the tool's terms say it trains on inputs or discloses them. Do not write the board note. |
| What the lawyer must review | Opinion 512 says a lawyer must not reveal information relating to the representation, and must not put client information into a generative tool that trains on inputs or leaks them, unless the client gives informed consent or another Model Rule 1.6 ground applies. Competition advice is that kind of information. The opinion does not state the law of privilege, and no privilege statute was opened, so do not tell the board that a use waives privilege. You write the note. Model Rule 1.6 is the duty. |
| Written for | United States |
| Applies to | [Advise a board on privilege risk when using AI tools on competition advice](https://ailawframework.com/practice/competition-and-consumer-law/advise-a-board-on-privilege-risk-when-using-ai-tools-on-competition-advi.md) |

## Checking plan

- What the AI does: List what client facts the proposed use would enter into the tool, and whether the tool's terms say it trains on inputs or discloses them. Do not write the board note.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not say a use waives privilege. Privilege was not opened.
- The list is not the note to the board.

## Sources

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)
- [ABA Model Rule 1.1, Competence](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*