Keep generated text out of a criminal filing
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List each citation and each factual sentence in the draft that is not tied to a source the lawyer supplies. Do not rewrite the filing.
- What the lawyer must review
- You write the filing. Model Rule 3.3 is the duty of candor. Formal Opinion 512 warns against a citation or a fact you have not checked. No court's practice note on generative tools was opened. You open the note of the court that will receive the paper before you file. Comment 8 to Rule 1.1 requires that competence with the tool. A sentence that is not in a source you supply does not go in the paper.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. 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
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- 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.