---
title: "Draft a firm rule against putting client information into a public AI tool"
url: "https://ailawframework.com/practice/privacy-data-protection-and-cyber/draft-a-law-firm-policy-against-putting-client-data-into-free-ai-tools/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A25-B8-2-US"
practice_area: "Privacy, Data Protection & Cyber"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft a firm rule against putting client information into a public AI tool

> Turn Opinion 512's confidentiality points and Model Rule 1.6 into headings for a firm rule, with a blank under each heading for the firm's own examples. Do not present the draft as adopted.

Canonical page: https://ailawframework.com/practice/privacy-data-protection-and-cyber/draft-a-law-firm-policy-against-putting-client-data-into-free-ai-tools/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Privacy, Data Protection & Cyber](https://ailawframework.com/practice/privacy-data-protection-and-cyber.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Turn Opinion 512's confidentiality points and Model Rule 1.6 into headings for a firm rule, with a blank under each heading for the firm's own examples. Do not present the draft as adopted. |
| What the lawyer must review | Opinion 512 says a lawyer must not input information relating to the representation into a generative tool that discloses it, unless the client gives informed consent or an exception applies, and must understand the tool's terms. Model Rule 1.6 is the duty. The firm adopts the rule. You check every sentence before it is issued, including whether a named tool's terms match the prohibition. A public tool is not made safe by a policy that no one follows. |
| Written for | United States |
| Applies to | [Draft a law firm policy against putting client data into free AI tools](https://ailawframework.com/practice/privacy-data-protection-and-cyber/draft-a-law-firm-policy-against-putting-client-data-into-free-ai-tools.md) |

## Checking plan

- What the AI does: Turn Opinion 512's confidentiality points and Model Rule 1.6 into headings for a firm rule, with a blank under each heading for the firm's own examples. Do not present the draft as adopted.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The rule is the firm's. It does not replace a client's informed consent where a tool will receive information relating to a representation.
- Staff personal information can itself be CCPA personal information. The employee-records exemption has expired.

## Sources

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)
- [California Civil Code section 1798.100 (duties of businesses that collect personal information)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.100.) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*