---
title: "Explain why the client should not put the case into a public tool"
url: "https://ailawframework.com/practice/criminal-law/brief-a-client-on-not-using-ai-for-their-own-submissions/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A20-B6-5-US"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Explain why the client should not put the case into a public tool

> From the firm's written policy, list what the client is asked not to paste into a public tool, including facts of the case and any draft for a court. Draft the explanation for the lawyer to edit.

Canonical page: https://ailawframework.com/practice/criminal-law/brief-a-client-on-not-using-ai-for-their-own-submissions/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the firm's written policy, list what the client is asked not to paste into a public tool, including facts of the case and any draft for a court. Draft the explanation for the lawyer to edit. |
| What the lawyer must review | You edit every sentence before it is sent. Model Rule 1.6 covers information relating to the representation. Formal Opinion 512 requires informed consent before that information goes into a self-learning tool, and it warns against a citation you have not checked. Model Rule 3.3 is the duty of candor if a paper reaches a tribunal. Model Rule 1.4(b) requires the explanation to be sufficient for the client to decide. A paper the client files while represented is still your responsibility if you adopt it. |
| Written for | United States |
| Applies to | [Brief a client on not using AI for their own submissions](https://ailawframework.com/practice/criminal-law/brief-a-client-on-not-using-ai-for-their-own-submissions.md) |

## Checking plan

- What the AI does: From the firm's written policy, list what the client is asked not to paste into a public tool, including facts of the case and any draft for a court. Draft the explanation for the lawyer to edit.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not tell the client that a public tool is safe for legal research. The opinion requires you to check the output.
- State courts may have their own orders. None was opened.

## Sources

- [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 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 3.3, Candor Toward the Tribunal](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/) (checked 2026-10-22)
- [ABA Model Rule 1.4, Communications](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/) (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.*