Record whether client consent to AI use is in the file
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Record yes or no whether a signed consent is already in the file, and the date on it. Write no consent text.
- What the lawyer must review
- A consent the client will sign is written by the lawyer. Formal Opinion 512 discusses competence, confidentiality, and communication when a lawyer uses a generative tool. EOIR Policy Memorandum 25-40 says there is no mandatory disclosure of generative AI in EOIR proceedings, and that an individual standing order may still require disclosure. The tool does not draft either the consent or a disclosure.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- 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.