Evaluate a legal artificial-intelligence tool for an in-house team
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the vendor materials the lawyer supplies, answer only the questions the lawyer has written on confidentiality, retention, training use, and who may review the output. Leave the approval line blank.
- What the lawyer must review
- ABA Model Rule 1.1 requires competent representation, including the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. ABA Model Rule 1.6(a) provides that a lawyer shall not reveal information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized, or paragraph (b) permits it. ABA Formal Opinion 512 (29 July 2024) requires a lawyer who uses a generative tool to understand it well enough to use it competently, to protect confidentiality, and to supervise the work. A completed questionnaire is not approval of the tool. The general counsel decides whether the tool may be used and on what information.
- 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 | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
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.
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. |
| Cover letter sending an AI vendor questionnaire (United States) | Letter | AI use Yellow | A cover letter that sends the due diligence questions and says the company will not put its information into the tool until the contract matches the answers the company relies on. |
Signed-in accounts can read the full text of each one. All precedents.