Set the screens so a knowledge tool does not cross an ethical wall
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the matters, the lawyers who are screened, and the repositories the tool can currently search. Do not change a permission and do not decide that a screen is effective.
- What the lawyer must review
- You design the screen. Model Rule 1.10(a) imputes a conflict to lawyers associated in a firm unless an exception applies. The former-client screen in Rule 1.10(a)(2) requires timely screening from any participation, no part of the fee, prompt written notice to the former client describing the procedures, and certifications. A tool that can still retrieve the screened matter for a lawyer on the other side of the wall is not that screen. Model Rule 1.6(c) requires reasonable efforts against unauthorised access. Formal Opinion 512 says managerial lawyers must establish policies on generative tools and supervisory lawyers must make reasonable efforts so that lawyers and nonlawyers comply. The tool does not decide who may see client information.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- 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.