---
title: "List records and questions for an expert brief"
url: "https://ailawframework.com/practice/health-and-medical-law/draft-an-expert-brief-from-the-records-and-the-issues-list/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-A20260923-1-US"
practice_area: "Health & Medical Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List records and questions for an expert brief

> List the records the lawyer marks and the questions the lawyer has already written. Do not write the brief and do not add a question.

Canonical page: https://ailawframework.com/practice/health-and-medical-law/draft-an-expert-brief-from-the-records-and-the-issues-list/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the records the lawyer marks and the questions the lawyer has already written. Do not write the brief and do not add a question. |
| What the lawyer must review | You write the brief the expert receives. 45 CFR § 164.502 limits disclosure of the records. You decide whether the expert may receive them. Comment 8 to Rule 1.1 and Formal Opinion 512 govern the use of a tool to assemble the list. Model Rule 1.6 applies to information relating to the representation in the same file. The brief is not a medical opinion and it is not a filed report. |
| Written for | United States |
| Applies to | [Draft an expert brief from the records and the issues list](https://ailawframework.com/practice/health-and-medical-law/draft-an-expert-brief-from-the-records-and-the-issues-list.md) |

## Checking plan

- What the AI does: List the records the lawyer marks and the questions the lawyer has already written. Do not write the brief and do not add a question.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not add a question the lawyer has not written.
- Do not state a standard of care. None was opened.

## Sources

- [45 CFR § 164.502 (uses and disclosures of protected health information)](https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502) (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 1.1, Comment 8 (competence includes technology)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter of instruction to an independent medical expert on breach of duty and causation (medical negligence)](https://ailawframework.com/precedents/health-and-medical-law/expert-instructions-medical-negligence-breach-and-causation.md) | Letter | Yellow | A letter instructing an independent medical expert to give a liability opinion: the expert's duty to the court, the code of conduct, the documents, neutral assumptions, and questions on peer… |

Signed-in accounts can read the full text of each one.

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