Hold a prompt for a precedent until a lawyer approves the words
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Store the prompt text beside the precedent's file name, and mark whether the prompt asks for a quote and a page or asks the tool to compose a clause. Write no new prompt and no clause.
- What the lawyer must review
- You approve every prompt before it is used, because the prompt shapes output lawyers may rely on. Model Rule 1.1 requires competent representation. ABA Formal Opinion 512 states that generative tools produce a statistically probable output, that some tools hallucinate, and that reliance without an appropriate degree of independent verification can breach Rule 1.1. A prompt that asks the tool to compose a clause for a document that will be signed is not approved by this holding step. Model Rule 1.6(a) applies if the prompt or the precedent contains information relating to a representation and the tool will not keep it confidential. The check is of each prompt. It is not completed once for the whole library.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its 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
- 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.
- 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.