--- title: "Protocol before using a self-learning generative AI tool (United States)" url: "https://ailawframework.com/precedents/confidentiality-and-client-information/us-self-learning-gai-confidentiality-protocol" type: "precedent" site: "AI Law Framework" id: "a51-us-self-learning-gai-confidentiality-protocol" area_id: "A51" kind: "checklist" ai_level: "yellow" version: 1 task_ids: ["OB-CONF-1", "A51-A20260923-1", "A51-A20260923-2", "A51-A20260923-4"] law_stated_as_at: "2026-10-22" --- # Protocol before using a self-learning generative AI tool (United States) > A check before anyone puts information relating to a representation into a generative AI tool that may learn from inputs or reveal them in later output, including to someone behind an ethical wall. Canonical page: https://ailawframework.com/precedents/confidentiality-and-client-information/us-self-learning-gai-confidentiality-protocol 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 5 authorities it cites, for United States. ## When to use it Use at the point of input, including a paste into a chatbot and a connector that can see a file. Use the tool-specific client consent if the check shows that information relating to a representation will be input. Do not use this protocol as the consent. ## Used for these tasks - [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) - [Build an inventory of tools that can see client material](https://ailawframework.com/obligations/confidentiality-and-client-information/build-an-inventory-of-tools-that-can-see-client-material.md) - [Compare a provider's terms on storage, training and subprocessors](https://ailawframework.com/obligations/confidentiality-and-client-information/compare-a-provider-s-terms-on-storage-training-and-subprocessors.md) - [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) ## How AI may be used A tool may read this checklist against the firm's register and say which row is incomplete. It may not decide that input is allowed, and it may not do the input. **AI may:** - Compare the tool name a person proposes to use with the name on the firm register and report a mismatch - List checklist lines that are blank - Point to the consent date in the file if one is already recorded for this tool and this client **AI must not:** - Must not decide that information is not information relating to a representation - Must not treat "not stated" in the provider's terms as a finding that the tool does not train on inputs - Must not input the information, summarize the document inside the tool, or send the document to the provider in order to complete the check - Must not waive an ethical wall because both matters are inside the firm **The lawyer checks:** - The person completing the check is a lawyer, or a staff member the supervising lawyer has assigned, and a lawyer signs it before Class B input - Self-learning status comes from the approval record, and "not stated" is treated as self-learning - If an ethical wall exists, the check stops unless the wall still holds after the input and any later output - Client consent, where required, is the separate signed consent for this tool, not this checklist ## Authorities - [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/) - [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 Model Rules of Professional Conduct, Rule 5.1 (Responsibilities of Partners, Managers and Supervisory Lawyers)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_1_responsibilities_of_a_partner_or_supervisory_lawyer/) - [ABA Model Rules of Professional Conduct, Rule 5.3 (Responsibilities Regarding Nonlawyer Assistants)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_3_responsibilities_regarding_nonlawyer_assistant/) ## 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-self-learning-gai-confidentiality-protocol 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.*