---
title: "Index prompts and outputs for a privilege and work-product review"
url: "https://ailawframework.com/practice/knowledge-management/preserve-prompts-and-outputs-for-records-and-discovery/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "KM-B12-27-US"
practice_area: "Knowledge Management"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Index prompts and outputs for a privilege and work-product review

> Index each prompt and output with its date, the matter name in the file, and whether the file says it was prepared for litigation. Write no privilege description.

Canonical page: https://ailawframework.com/practice/knowledge-management/preserve-prompts-and-outputs-for-records-and-discovery/united-states  
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 | Index each prompt and output with its date, the matter name in the file, and whether the file says it was prepared for litigation. Write no privilege description. |
| What the lawyer must review | You decide what is withheld and you write the description. Federal Rule of Civil Procedure 26(b)(1) allows discovery of any nonprivileged matter that is relevant to any party's claim or defence and proportional to the needs of the case. Rule 26(b)(3)(A) ordinarily prevents discovery of documents and tangible things prepared in anticipation of litigation or for trial by or for another party or its representative, unless they are otherwise discoverable under Rule 26(b)(1) and the requesting party shows substantial need and that it cannot, without undue hardship, obtain the substantial equivalent by other means. If the court orders discovery of those materials, Rule 26(b)(3)(B) requires it to protect against disclosure of mental impressions, conclusions, opinions or legal theories of the attorney or other representative. When a party withholds information as privileged or as trial-preparation material, Rule 26(b)(5)(A) requires the party to expressly make the claim and to describe the nature of the items, without revealing the privileged or protected information, so other parties can assess the claim. If information is produced and a claim is then made, Rule 26(b)(5)(B) states the notice, return, sequester or destroy steps. Model Rule 1.6 still applies to disclosure outside discovery. No preservation or litigation-hold rule was opened. |
| Written for | United States |
| Applies to | [Preserve prompts and outputs for records and discovery](https://ailawframework.com/practice/knowledge-management/preserve-prompts-and-outputs-for-records-and-discovery.md) |

## Checking plan

- What the AI does: Index each prompt and output with its date, the matter name in the file, and whether the file says it was prepared for litigation. Write no privilege description.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not call the index a litigation hold. No preservation rule was opened.
- Rule 37 was not opened. Do not state a sanction for a missing description beyond what Rule 26(b)(5)(A) itself requires.

## Sources

- [Federal Rule of Civil Procedure 26, scope of discovery, trial-preparation material, and privilege claims](https://www.law.cornell.edu/rules/frcp/rule_26) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Retention schedule for AI-indexed know-how and prompt history](https://ailawframework.com/precedents/knowledge-management/ai-index-retention-schedule.md) | Policy | Yellow | Schedule for how long the firm keeps copies of documents, notes and prompts inside an AI index, and for removing them when the file, a wall, or APP 11 says the copy should not remain. |

Signed-in accounts can read the full text of each one.

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