Letter · Client-facing & access-to-justice AI tools

Client consultation when generative AI affects a significant decision (United States)

A short consultation for the case in which a generative AI tool's output will influence a significant decision, or the client has asked whether a tool was used, including where confidentiality consent is not required.

Kind
Letter. A letter or email you adapt and send.
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 4 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when Formal Opinion 512's communication duty is in play: the client asks whether a tool was used, the client's guidelines require disclosure, or the tool's output will influence a significant decision. Do not send it as a standing notice on every matter.

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 turn the lawyer's notes on what the tool did into a first draft of this consultation. The lawyer decides whether the decision is significant and sends the consultation only after checking it.

AI may

  • Draft the description of the task and the output from the lawyer's note of what was actually run
  • List questions the client would need answered to decide the next step, without answering them
  • Flag a draft that does not say whether a lawyer has reviewed the output

AI must not

  • Must not decide that a decision is or is not significant
  • Must not present the tool's output as the lawyer's advice
  • Must not say the firm uses tools it does not use, or hide a tool the lawyer used on the decision
  • Must not send the consultation

The lawyer checks

  • The trigger is real: a question from the client, a guideline, a fee effect, or output that will influence a significant decision
  • The letter distinguishes the tool's output from the lawyer's own judgment and says which one the client is being asked to rely on
  • Any input of information relating to the representation was already covered by a tool-specific consent, or did not happen
  • A court disclosure rule, if a filing will follow, is checked separately and is not satisfied by sending this letter to the client

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

Authorities

Read the full text

More in Client-facing & access-to-justice AI tools

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