Keep client information out of the know-how bank
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Flag each passage that is information relating to a representation, including material produced under compulsion, and the place it would be copied. Do not copy it into the bank.
- What the lawyer must review
- ABA Model Rule 1.6(a) provides that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b). Paragraph (c) requires reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, that information. Model Rule 1.1 requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation, which includes knowing what the bank will store. You decide whether any paragraph (a) or (b) permission applies before a passage is indexed. The state has its own version of the rules.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes 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 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.