Memo · AI decision systems

File note of a generative AI confidentiality incident (United States)

An internal note made the day the firm learns that information relating to a representation may have been put into a tool in breach of the policy, or that a provider reported unauthorized access.

Kind
Memo. An internal or advice memo.
Where it applies
United States
AI use
Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 4 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use the day the firm knows of a possible unauthorized input or a provider notice. It records facts for the lawyer who will decide what Rule 1.6 requires. It is not a notice to the client and not a notice to a regulator.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer writes what happened and what will be said to the client. A tool may attach the provider's notice and list names that appear in it. It writes nothing that is sent out.

AI may

  • Attach the provider notice and list the dates and system names printed on it
  • List matters whose files were open in the tool session, from the firm's own log

AI must not

  • Must not decide whether Rule 1.6 requires a disclosure to the client
  • Must not draft the client notice or a notice to a regulator
  • Must not paste the affected information back into the same tool to investigate it

The lawyer checks

  • A named lawyer owns the incident the same day
  • Further use of the tool on the affected matters is stopped until that lawyer says otherwise
  • Any notice to a client or a regulator is a separate document the lawyer writes after reading the duties that apply

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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