Check whether a secondee or contractor may see client information
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List who would see the material, whether that person is a lawyer changing employment, and what client information the access would reveal. Do not grant access.
- What the lawyer must review
- Model Rule 1.6(a) bars revealing information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or paragraph (b) permits it. Paragraph (b)(7) permits a revelation the lawyer reasonably believes necessary to detect and resolve conflicts of interest arising from the lawyer's change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client. That paragraph is not a general permission for a contractor to read a file. Model Rule 1.1 requires competent judgment about the access. You decide whether consent, implied authority, or a paragraph (b) permission exists.
- 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
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Check the firm’s actual conflict records, including relevant parties and connected entities, and resolve any match through the firm’s process.
- 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.