Advise on a decision that affects a lawyer's licence to practise
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the decision, the conduct it describes, where the conduct occurred, and where the lawyer is admitted. Write no sentence of the advice.
- What the lawyer must review
- You write the advice. Model Rule 8.5(a) says a lawyer admitted in a jurisdiction is subject to its disciplinary authority regardless of where the conduct occurs, and a lawyer not admitted there is subject to it if the lawyer provides or offers to provide any legal services there. The same conduct may be subject to two jurisdictions. For conduct in connection with a matter pending before a tribunal, Rule 8.5(b)(1) applies the rules of the jurisdiction where the tribunal sits, unless the tribunal's rules provide otherwise. For other conduct, apply the rules of the jurisdiction where the conduct occurred, or, if the predominant effect is elsewhere, the rules of that jurisdiction. A lawyer is not subject to discipline if the conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect will occur. Model Rule 11 provides for court review of a suspension or disbarment, as described in that model, with bracketed times that are not a state's rule. Model Rule 8.4 is a model. Paragraph (c) covers conduct involving dishonesty, fraud, deceit or misrepresentation. Paragraph (g) covers harassment or discrimination, that the lawyer knows or reasonably should know, on the bases the paragraph lists, in conduct related to the practice of law. Paragraph (g) states that it does not preclude legitimate advice or advocacy consistent with the Rules. Whether the jurisdiction has adopted paragraph (g) was not checked. This advice does not cover a decision to grant or refuse an initial licence on character and fitness. Model Rule 8.1 was not opened.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming 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.
- 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.