Prepare plain-language public material on court rules about generative tools
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the points in ABA Formal Opinion 512 about checking citations and about courts that require disclosure of a generative tool, and leave a blank line for the local rule. Write no sentence of the public material.
- What the lawyer must review
- You write every sentence that is published. Under 45 CFR § 1620.2(b), developing written materials that explain legal rights, and community education, is a matter. A matter is not direct legal advice to, or representation of, a specific client. Model Rule 1.1 and Comment 8 require competence, including the benefits and risks of relevant technology. ABA Formal Opinion 512 says generative tools can produce citations and analysis that are not reliable, that a lawyer must review them before submitting materials to a court, that even an unintentional misstatement to a court can be a misrepresentation under Model Rule 8.4(c), and that some courts require lawyers to disclose use of a generative tool. The opinion says to consult the court's local rules. No standing order was opened, so the public material must not name a court rule you have not read. Model Rule 3.3 applies when a lawyer appears.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes identifying points for review. 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
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm the appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
- 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.