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
| 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
- 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.