List client information placed in a tool before any retention decision
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each place the file says client information was put into a generative tool, and any statement in the file about whether that tool keeps the information confidential. Do not set a retention period, and do not delete or keep a record.
- What the lawyer must review
- You decide what to retain and what to delete. 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 authorised to carry out the representation, or an exception in paragraph (b) applies. Paragraph (b) was not applied. Rule 1.6(c) requires the lawyer to make reasonable efforts to prevent the inadvertent or unauthorised disclosure of, or unauthorised access to, information relating to the representation. Formal Opinion 512 (29 July 2024) says that if client information will be put into a generative tool that will not keep it confidential, informed consent is required before that input. The opened rule and the opinion do not state a number of years for which a file, or an index of it, must be kept. Do not add one. Do not tell a client that the index was settled by a tool.
- 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 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.