---
title: "Keep compulsorily produced material out of the know-how bank"
url: "https://ailawframework.com/practice/knowledge-management/keep-compulsorily-produced-material-out-of-the-know-how-bank"
type: "task"
site: "AI Law Framework"
id: "KM-MA20261022-1"
practice_area: "Knowledge Management"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Keep compulsorily produced material out of the know-how bank

> 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.…

Canonical page: https://ailawframework.com/practice/knowledge-management/keep-compulsorily-produced-material-out-of-the-know-how-bank  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Knowledge Management](https://ailawframework.com/practice/knowledge-management.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. 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.
2. A summary can disclose the substance. Do not summarise the document into the bank as a workaround.
3. Rule 9 still applies to client confidential facts in the same bundle.
4. Record the matter the material came from so a later search does not surface it on an unrelated file.

## Notes

- 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.

## Sources

- [Law Society of NSW: A solicitor's guide to responsible use of artificial intelligence](https://www.lawsociety.com.au/sites/default/files/2026-01/20260109%20LS4816_PSU_GuidetoAI_2026-01-08a%20FINALv2.pdf) (checked 2026-10-22)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (WA) rule 9](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_reg/lpulascr2015658/s9.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/knowledge-management/keep-compulsorily-produced-material-out-of-the-know-how-bank/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*