Evaluate an artificial-intelligence know-how vendor against confidentiality duties

Key facts

Human involvement
YellowClose supervision
How AI is used
List what the vendor's documents say about who can access inputs, whether inputs are used to train a model, and where the documents say information is stored. Write no conclusion that the vendor is suitable.
What the lawyer must review
You decide whether the firm may use the vendor. Model Rule 1.6(a) and (c) prohibit revealing information relating to a representation without a ground in the rule, and require reasonable efforts against unauthorised disclosure or access. ABA Formal Opinion 512 says informed consent is required before a lawyer inputs information relating to a representation into a tool that will not keep it confidential, and that the consent discussion includes who will have access. The opinion also discusses confidentiality measures for a vendor, including configuration, agreements and the lawyer's understanding of the tool. Model Rule 1.1 requires competence in that choice. Comment 6, on retaining lawyers outside the firm, is a different rule. It was not used as the test for a software vendor. You do not send client information to the vendor in order to test it unless Rule 1.6 allows that input.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistanceConsider narrowly defined preparation support after confirming the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  2. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
  3. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  4. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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