Draft the firm's rule on using client documents as knowledge for a generative tool
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the firm's current written policy with the duties in Model Rule 1.6 and Formal Opinion 512, and list gaps. Write no policy clause.
- What the lawyer must review
- You write the policy. Model Rule 1.6(a) and (c) govern disclosure of, and reasonable efforts to protect, information relating to a representation. Formal Opinion 512 says lawyers must consider competence, confidentiality, communication, supervision, meritorious claims, candor to the tribunal and reasonable fees when they use generative tools. It says informed consent, with an explanation of the risks and of who will have access, is required before information relating to the representation is input into a tool that does not keep that information confidential. It also says managerial lawyers must adopt clear policies on permissible use, and must train lawyers and nonlawyers on the limits of the tools and on secure handling. Comment 8 to Model Rule 1.1 includes the benefits and risks of relevant technology in competence. The policy has to say which tools are allowed, what may be uploaded, and that a lawyer opens any output before it is used.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm 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.