Using AI for Discovery Without Losing Control of Client Information
Before uploading discovery to an AI tool, check the firm's authority to use it, the terms for the exact account, and the restrictions on the matter. A product name or a paid subscription does not answer those questions.
Check the rules for the matter
ABA Formal Opinion 512 discusses lawyers' duties when using generative AI, including competence, confidentiality, communication, supervision, and review of output. It is guidance under the ABA Model Rules; the rules adopted in your jurisdiction and any court order control your situation.
Consider whether the proposed use requires client communication or informed consent. A vendor's assurances do not replace that assessment.
Sources: ABA Formal Opinion 512: Generative Artificial Intelligence Tools (2024)
Write down what the provider will receive
A useful intake note can be short. Record the task, the material needed for it, the approved account, and who can access the results.
- Read the terms for the exact plan and feature. Check training use, retention, deletion, access, and any connected services.
- Review protective orders, discovery restrictions, and firm policy before transferring files.
- Limit the upload and access permissions to what the approved task needs. Keep matters separated.
- Record the decision and the date of the terms you checked. Revisit it when the service or proposed use changes.
Review the answer against the discovery
An AI summary can sound certain while omitting context or mixing up accounts. Check material facts against the underlying report or recording, and inspect legal authorities separately before relying on them. Opinion 512 emphasizes that AI output needs an appropriate degree of independent review.
Sources: ABA Formal Opinion 512: Generative Artificial Intelligence Tools (2024)
Try a small review task first
Ask for a short list of statements about one event, with a source reference for each. Open the references and check that they support the statements. If a reference is missing or points to unrelated text, return to the source before using the answer.
Use synthetic material when evaluating a new tool before the firm has approved it for client information. The demonstration below uses invented records.
Synthetic demonstration
Two accounts, one question to check
These invented records describe an arrival at a building. Open each source to compare what it says.
Example report, page 2
"The person entered through the front entrance."
Fictional report excerpt.
Example interview transcript, 00:42
"I went in through the side entrance."
Fictional transcript excerpt. No recording was processed for this illustration.
The accounts name different entrances. Review both passages and their context before deciding whether they describe the same arrival.
References: example report p. 2; example interview 00:42.
This shows a review question and its supporting references. It is not a client case, a measured AI result, or a finding that either account is false.
How this applies to our services
Our discovery summaries are drafts for attorney review, and our reference folders organize supplied material for further work. Review our privacy policy for how orders are processed. Connecting another AI service or uploading a reference folder to it requires a separate assessment of that service's terms and your permissions.
Sources and scope
- ABA Formal Opinion 512: Generative Artificial Intelligence Tools (2024)
- Mehaffey Transcription privacy policy
General educational information. Check current rules, software documentation, and requirements for the matter. Read our editorial approach or send a correction.