Log confidentiality risk in AI-assisted deal messages
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each deal message or document that was placed in a generative tool, the tool name, and whether the settings say prompts are retained. Write no privilege label and no waiver conclusion.
- What the lawyer must review
- Model Rule 1.6 is a duty not to reveal information relating to the representation. Formal Opinion 512 discusses that duty when a lawyer uses a generative tool. Confidentiality under Rule 1.6 is not itself a privilege rule, and no privilege-waiver rule was opened for this task. The lawyer decides what is privileged and what may be shared.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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 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.