---
title: "List client information placed in a tool before any retention decision"
url: "https://ailawframework.com/practice/knowledge-management/apply-file-retention-rules-to-ai-indexed-content/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "KM-B12-13-US"
practice_area: "Knowledge Management"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List client information placed in a tool before any retention decision

> 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.…

Canonical page: https://ailawframework.com/practice/knowledge-management/apply-file-retention-rules-to-ai-indexed-content/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Knowledge Management](https://ailawframework.com/practice/knowledge-management.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Apply file retention rules to AI-indexed content](https://ailawframework.com/practice/knowledge-management/apply-file-retention-rules-to-ai-indexed-content.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- No retention period is stated in the opened text of Rule 1.6 or in Formal Opinion 512. Do not add one.
- Paragraph (b) of Rule 1.6 was not applied.
- Informed consent is required before input into a tool that will not keep the information confidential. This list does not draft that consent.

## 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)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Retention schedule for AI-indexed know-how and prompt history](https://ailawframework.com/precedents/knowledge-management/ai-index-retention-schedule.md) | Policy | Yellow | Schedule for how long the firm keeps copies of documents, notes and prompts inside an AI index, and for removing them when the file, a wall, or APP 11 says the copy should not remain. |

Signed-in accounts can read the full text of each one.

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