Draft a protocol for geological data in a resources dispute
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the decisions the lawyer has already written, draft a protocol that names which geological, seismic, and lease data sets may be placed in the tool the lawyer has approved, and that leaves the privilege description blank for the lawyer. Do not adopt the protocol and do not write a discovery response.
- What the lawyer must review
- ABA Model Rule 1.6(a) provides that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b). ABA Formal Opinion 512 (29 July 2024) applies that duty, and the duty of supervision, to a generative tool. Federal Rule of Civil Procedure 26(b)(5)(A) requires a party withholding information as privileged or as trial-preparation material to make the claim expressly and to describe the nature of the documents, communications, or tangible things not produced or disclosed without revealing the protected information. The lawyer decides which data sets may be used and what description, if any, is served. This protocol is limited to geological, seismic, and lease data in a resources dispute.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm 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
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- 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.