List what a drafting note would have to point to in the precedent
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List each defined term and each cross-reference in the precedent, and mark a cross-reference the precedent does not contain. Write no drafting note.
- What the lawyer must review
- You write the drafting note. Lawyers who later use the precedent will rely on that note, so Model Rule 1.1 requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary, and ABA Formal Opinion 512 requires independent verification of generated output. The opinion also warns that generative tools can produce plausible text that is not accurate. A note that states a legal conclusion is your sentence. Comment 8 to Model Rule 1.1, which says a lawyer should keep abreast of the benefits and risks of relevant technology, does not transfer the note to the tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
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.