---
title: "Review business users' use of a generative tool for confidentiality and privilege"
url: "https://ailawframework.com/practice/in-house-general-counsel/run-a-privilege-review-of-business-users-ai-use/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A40-B8-1-US"
practice_area: "In-House / General Counsel"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Review business users' use of a generative tool for confidentiality and privilege

> List each system the lawyer identifies and the category of information the lawyer says was entered, with the date and the user if the lawyer supplies them.…

Canonical page: https://ailawframework.com/practice/in-house-general-counsel/run-a-privilege-review-of-business-users-ai-use/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [In-House / General Counsel](https://ailawframework.com/practice/in-house-general-counsel.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List each system the lawyer identifies and the category of information the lawyer says was entered, with the date and the user if the lawyer supplies them. Do not decide that a privilege or work-product protection was waived. |
| What the lawyer must review | ABA Model Rule 1.6(a) provides that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or paragraph (b) permits it. ABA Formal Opinion 512 (29 July 2024) treats confidentiality, competence, and supervision as applying when a lawyer uses a generative tool, including the question of what information is entered and whether the tool retains it. If the same information later has to be withheld in federal discovery, Federal Rule of Civil Procedure 26(b)(5)(A) requires the party to expressly make the claim of privilege or trial-preparation protection and to describe what is withheld without revealing the protected information. Entering information into a tool is not, by itself, the claim or the waiver analysis. The lawyer makes both decisions. |
| Written for | United States |
| Applies to | [Run a privilege review of business users' AI use](https://ailawframework.com/practice/in-house-general-counsel/run-a-privilege-review-of-business-users-ai-use.md) |

## Checking plan

- What the AI does: List each system the lawyer identifies and the category of information the lawyer says was entered, with the date and the user if the lawyer supplies them. Do not decide that a privilege or work-product protection was waived.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The list is not a waiver opinion. The lawyer decides whether any protection attaches and whether it still holds.
- Do not load the underlying client documents into a public tool in order to build the list.

## Sources

- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (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)
- [Federal Rule of Civil Procedure 26(b)(5) (claiming privilege or protecting trial-preparation materials)](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)

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