Draft an in-house legal team's generative-tool playbook from decisions already made
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the decisions the general counsel has already written, draft a playbook that names the permitted tools, the information that may be entered, and the lawyer who reviews the output. Do not adopt the playbook and do not add a decision that was not written.
- What the lawyer must review
- ABA Model Rule 5.1 requires a lawyer with managerial authority to make reasonable efforts so that the firm has measures giving reasonable assurance that all lawyers conform to the rules, and a lawyer with direct supervisory authority to make reasonable efforts so that the other lawyer conforms. ABA Model Rule 1.6 governs what information relating to a representation may be revealed. ABA Formal Opinion 512 (29 July 2024) applies competence, confidentiality, and supervision to generative tools. The playbook is adopted by the general counsel. The draft is not that adoption.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. 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
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- 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.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| AI vendor due diligence questionnaire (United States) | Checklist | AI use Yellow | Questions for a vendor of a generative or agentic AI tool, drawn from the confidentiality, security, retention and supervision points in Formal Opinion 512 and Model Rule 5.3. |
| Legal department generative AI policy (United States) | Policy | AI use Yellow | A short policy for lawyers and staff in a company legal department covering approved tools, what may be input, review of output, and instructions to outside counsel. |
Signed-in accounts can read the full text of each one. All precedents.