Checklist · AI decision systems

How to mark generative AI output in the file (United States)

A short rule for storing output of a generative AI tool so a later reader can see that a tool produced it, who reviewed it, and whether it was relied on.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use whenever output of a generative AI tool is kept in a client or firm file. Do not use the mark as a substitute for the lawyer's review.

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

A tool may add the mark and the tool's name to a saved output. It may not mark the output as reviewed, and it may not delete the mark.

AI may

  • Add the standard first line, including the tool name and the time, when a person saves the output
  • List saved outputs from the past month that do not have the mark

AI must not

  • Must not mark an output as reviewed by a lawyer unless that lawyer has recorded the review
  • Must not remove the mark when the text is copied into a draft
  • Must not treat a marked output as ready to file

The lawyer checks

  • Relied-on output names the lawyer who reviewed it and the date
  • A draft that started from tool output still carries the mark or a note of the source
  • The mark is not sent to a client or a court as if it were part of the legal text, unless a court order requires disclosure of the tool

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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