Draft a board legal-risk paper from the underlying advice
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Turn the advice the lawyer marks into a short board paper that lists the issue, the status, and the decision the lawyer has already written. Do not add a recommendation the lawyer has not written and do not circulate the paper.
- What the lawyer must review
- The paper is the general counsel's. ABA Model Rule 1.1 requires competent representation. ABA Model Rule 5.1 requires a lawyer with managerial authority to make reasonable efforts to ensure the firm has measures giving reasonable assurance that all lawyers conform to the Rules of Professional Conduct, and requires a lawyer with direct supervisory authority to make reasonable efforts to ensure that the other lawyer conforms. A lawyer is responsible for another lawyer's violation if the lawyer orders or, with knowledge of the specific conduct, ratifies it, or if the lawyer knows of the conduct at a time when its consequences can be avoided or mitigated and fails to take reasonable remedial action. ABA Formal Opinion 512 applies the same supervision to a generative tool. The lawyer decides who receives the paper. The tool does not describe the paper as privileged. Attorney-client privilege and work-product protection are assessed by the lawyer on the facts of the circulation.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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.