Remove identifying details from casework before a funder or law-reform report
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Mark names, addresses, dates of birth, file numbers, and unique facts that would identify the client, and propose what to remove. Write no sentence of the report.
- What the lawyer must review
- You decide what is sent. Model Rule 1.6(a) prohibits revealing information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorised in order to carry out the representation, or paragraph (b) permits it. Rule 1.6(c) requires reasonable efforts to prevent inadvertent or unauthorised disclosure or access. Removing a name is not informed consent. ABA Formal Opinion 512 says informed consent is required before inputting information relating to the representation into a generative tool that will not keep it confidential, and that a lawyer must not assume a tool keeps the information confidential. Under 45 CFR § 1620.2, a case is service to specific clients. A report that uses case facts is still information relating to a representation until you have a basis in Rule 1.6 to reveal it. You check every example before it leaves the program.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its 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 that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- 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.