Set an internal rule for cultural information and a generative tool
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Write an internal instruction that cultural information the client treats as confidential is not entered into a tool that discloses it, and that a person checks any output before it is used. Write no statute and no sentence that a site is clear.
- What the lawyer must review
- Model Rule 1.6 prohibits revealing information relating to the representation, including cultural information the client treats as confidential, by entering it into a tool that discloses it, unless the client gives informed consent or an exception applies. ABA Formal Opinion 512 requires the lawyer to verify generative output. 25 USC section 3002 is an ownership and excavation statute for Native American cultural items on federal or tribal lands after November 16, 1990. It is not a data-protocol statute. 54 USC section 306108 is a federal agency duty to take into account effects on historic property. Neither section authorizes a tool to hold that information. You adopt the instruction. The tool does not invent a cultural-data statute.
- 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 appropriate instructions, permissions and cultural context with the relevant people before using information or communicating the result.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.