Anonymise a matter document before it is added to the precedent bank

Key facts

Human involvement
YellowClose supervision
How AI is used
List names, matter numbers, unique figures and other identifiers in the document for the lawyer to remove or generalise. Do not write the bank version.
What the lawyer must review
Model Rule 1.6(a) prohibits revealing information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorised to carry out the representation, or an exception in paragraph (b) applies. Rule 1.6(c) requires reasonable efforts to prevent inadvertent or unauthorised disclosure of, or unauthorised access to, that information. Formal Opinion 512 says informed consent is required before inputting information relating to the representation into a generative tool that will not keep it confidential, and that consent requires an explanation of the risks and who will have access. Removing a name is not anonymisation if the transaction can still be recognised. You decide what may enter the bank and whether client consent is required. You write the bank version.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistancePotential support includes identifying points for review. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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