Set guardrails before a tool is used on a closing file
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the systems the tool can reach, whether a person reviews each output, and whether the firm's written policy limits client information. Do not review a contract.
- What the lawyer must review
- You set the guardrails. Formal Opinion 512 requires informed consent before information relating to the representation goes into a self-learning tool. Model Rule 1.6 and Rule 5.3 require reasonable efforts and measures so that the tool is compatible with the lawyer's duties. No court standing order on generative tools was opened. Before a paper goes to a court, you also apply Model Rule 3.3 and you open that court's current order. Florida Opinion 24-1 is advisory and is not a substitute for the court's order.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm 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
- 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.