Check a restructuring team’s use of a generative tool against the duties that were opened
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the firm’s tool log and the engagement letter, list what information was entered, whether the tool is described as retaining prompts, and whether the letter tells the client about the tool. Do not write a policy.
- What the lawyer must review
- No federal statute by the name of a voluntary artificial-intelligence safety standard was opened. The duties that were opened are Model Rule 1.1, Model Rule 1.6(a) and (c), and Formal Opinion 512. Rule 1.6(a) forbids revealing information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized, or paragraph (b) permits it. Rule 1.6(c) requires reasonable efforts to prevent unauthorized access. Opinion 512 requires the lawyer to understand whether a tool retains prompts or uses them to train a model, and to protect confidential information. California’s 2026 practical guidance is a state overlay to the same effect on competence and confidentiality. The lawyer decides what the team may enter.
- 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
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.