---
title: "Check before using a hypothetical in a generative AI tool (United States)"
url: "https://ailawframework.com/precedents/confidentiality-and-client-information/us-hypothetical-prompt-check"
type: "precedent"
site: "AI Law Framework"
id: "a51-us-hypothetical-prompt-check"
area_id: "A51"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A51-A20260923-4", "OB-CONF-1"]
law_stated_as_at: "2026-10-22"
---

# Check before using a hypothetical in a generative AI tool (United States)

> A check that a prompt is a true hypothetical under Rule 1.6 Comment [4]: no reasonable likelihood that the tool, or a later reader of the output, could identify the client or the situation.

Canonical page: https://ailawframework.com/precedents/confidentiality-and-client-information/us-hypothetical-prompt-check  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Confidentiality & client information](https://ailawframework.com/precedents/confidentiality-and-client-information.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for United States.

## When to use it

Use before a lawyer puts a "hypothetical" into a tool that is not approved for information relating to a representation. If the check fails, do not input it. Get the tool-specific consent or do the work without the tool.

## Used for these tasks

- [Build an upload checklist for a matter before any file goes into a tool](https://ailawframework.com/obligations/confidentiality-and-client-information/build-an-upload-checklist-for-a-matter-before-any-file-goes-into-a-tool.md)
- [Decide whether client material can go into a tool](https://ailawframework.com/obligations/confidentiality-and-client-information/decide-whether-client-material-can-go-into-a-tool.md)

## How AI may be used

A tool may list names, dates, amounts and unique facts still present in a draft prompt. The lawyer decides whether there is a reasonable likelihood the client or the situation could be recognized.

**AI may:**

- Highlight proper names, docket numbers, exact amounts, addresses and rare facts in the draft prompt
- Show a version with those items replaced by brackets, for the lawyer to edit

**AI must not:**

- Must not decide that the prompt is safe
- Must not send the draft prompt to an external tool in order to anonymize it
- Must not leave a unique combination of facts in the prompt because each fact, alone, is public

**The lawyer checks:**

- The lawyer, not the tool, signs that there is no reasonable likelihood of identification
- The prompt was not run in the external tool before the check
- If the lawyer cannot sign, the path is consent or no input, not a softer hypothetical

## Authorities

- [ABA Model Rules of Professional Conduct, Rule 1.6, Comments 3, 4 and 18](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/comment_on_rule_1_6/)
- [ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 512, Generative Artificial Intelligence Tools (July 29, 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf)
- [ABA Model Rules of Professional Conduct, Rule 1.6 (Confidentiality of Information)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/confidentiality-and-client-information/us-hypothetical-prompt-check and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*