Keep compulsorily produced material out of the know-how bank
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the ingestion list, flag any item the lawyer has marked as produced under compulsion, as not yet in evidence, or as still subject to the undertaking. Do not copy the text of that item into a know-how note or a prompt.
- What the lawyer must review
- The lawyer decides what may be reused. The Law Society of NSW generative-AI guide states the Harman undertaking: information produced under compulsion is not used or disclosed other than for the litigation for which it was produced, unless it has been received into evidence, and it must not be disclosed when using generative AI. Client confidential information remains under rule 9 even after the matter closes. The lawyer approves the know-how note before it is published to the bank.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the ingestion list, flag any item the lawyer has marked as produced under compulsion, as not yet in evidence, or as still subject to the undertaking. Do not copy the text of that item into a know-how note or a prompt. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not ingest a document marked as produced under compulsion until the lawyer records that it is in evidence or that the undertaking does not apply.
- A summary can disclose the substance. Do not summarise the document into the bank as a workaround.
- Rule 9 still applies to client confidential facts in the same bundle.
- Record the matter the material came from so a later search does not surface it on an unrelated file.
Sources
- Law Society of NSW: A solicitor's guide to responsible use of artificial intelligence · 2026-10-22
- Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA) rule 9 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.