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Yes, a lawyer can use AI to help draft legal documents, but there is no blanket assurance that a prompt is confidential. Before entering information, identify what duties and restrictions apply, minimize the input, and vet the exact AI service, account, settings, and contract. If you cannot establish that the proposed use adequately protects the information, do not submit client-confidential material. A lawyer must also supervise and verify the draft before relying on it.
Why an AI prompt is a confidentiality decision
Information entered into an AI service is being disclosed to or handled by that service. The fact that the request is for drafting, that the product is marketed for legal work, or that the output is visible only to the lawyer in an interface does not by itself establish how the input is stored, accessed, or reused. The relevant question is not simply whether the tool can produce a useful document. It is whether the particular information may be used with the particular service and configuration for this particular matter.
For U.S. lawyers, the American Bar Association’s Model Rule 1.6 concerns information relating to a representation, regardless of its source, unless the client gives informed consent. ABA Formal Opinion 512, issued July 29, 2024, explains that lawyers using generative AI must fully consider their applicable ethical obligations. Model Rules and ABA opinions guide interpretation, but they are not a single rule that automatically governs every lawyer: state and local requirements, client instructions, court orders, contracts, and organizational policies may differ.
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Use this workflow before drafting
1. Classify the information you plan to enter
Break the proposed prompt and any uploaded documents into information categories. A fact can be public and still be sensitive in context; conversely, a generic drafting instruction may not disclose anything about a client or matter. Consider whether the material is:
- Public information or general legal instructions.
- Information relating to a client representation, whether or not it came from the client.
- Privileged, work product, personal, commercially sensitive, or otherwise restricted information.
- Subject to a court order, contract, client instruction, firm policy, or other confidentiality obligation.
Make the decision for the whole prompt, not just for names in the text. A combination of dates, unusual events, roles, locations, or other details can identify a client or matter even after direct identifiers have been removed. A document can also reveal a confidence through its substance: removing a name does not make a description of a confidential negotiation, strategy, or unusual dispute generic.
A useful first question is: what is the tool being asked to do, and which facts are actually necessary for that task? If the task is to create a neutral clause, a prompt may need only the clause’s general purpose and drafting parameters. If the task is to summarize a record or tailor a pleading to a matter, the required facts may be more sensitive. Classifying the input at the level of individual facts helps avoid sending a full document when a short description would suffice.
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Start with the smallest input that can produce a useful draft. Remove names, addresses, account numbers, dates of birth, matter numbers, and other identifiers when they are not necessary. Also remove unique or sensitive facts that are not needed for the drafting task. Replacing a name with “Client A” is not sufficient if the remaining details point to a recognizable person, dispute, transaction, or matter.
When the task can be done with public material, a blank form, generic instructions, or a genuinely de-identified hypothetical, use that instead of client information. De-identification reduces exposure; it is not an automatic guarantee that the remaining facts are safe to disclose. Consider whether a person could be re-identified from the combined facts, and whether the content itself reveals information relating to the representation.
For example, a generic request to draft a plain-language confidentiality clause can often be framed without names or matter facts. A request involving a distinctive transaction, a rare event, or a specific procedural history may remain identifiable even if names and account numbers are replaced. If the drafting goal survives after removing those details, leave them out. If it does not, pause and assess the tool and proposed use before proceeding.
3. Vet the exact AI service and configuration
Assess the actual product, account tier, settings, integrations, and contract that will handle the prompt and output. A provider’s general marketing statement may not describe the configuration your firm uses. Check current terms and deployment details rather than relying on a feature label or an earlier review. The service used through a personal account, an organization account, or an integrated product may have different settings and contractual terms; do not assume they handle data identically.
| What to check | Questions to answer |
|---|---|
| Retention and deletion | Are prompts, uploaded files, and outputs retained? For how long? Can the firm delete them, and does deletion cover each relevant copy? |
| Training and other reuse | Can submitted content be used to train, tune, evaluate, or otherwise improve a model or service? Can that use be disabled, and does the setting apply to prompts, files, and outputs? |
| Access | Can provider personnel, subprocessors, other customers, firm administrators, or connected applications access the material? Under what circumstances? |
| Processing and security | Where is data processed and stored? What access controls, encryption, audit logs, and contractual commitments apply? |
| Exceptions and incidents | What happens for abuse monitoring, support, backups, legal demands, or a security incident? What incident process and commitments apply? |
| Integration and permissions | Does the tool connect to email, document storage, case systems, or other services? What data can those integrations read or pass along? |
| Matter-specific constraints | Do governing rules, client instructions, a court order, contract, or organizational policy restrict this use? |
| Review process | Who will check the draft, and how will each factual and legal assertion be verified before use? |
These are comparison axes, not a scorecard that produces an automatic “safe” label. A lawyer comparing candidate tools should look at retention and deletion, training or other reuse, access by provider personnel and subprocessors, data location and security controls, contractual protections and incident handling, integration permissions, matter-specific requirements, and the quality of the lawyer-review process. The ethics guidance does not establish a ranking of vendors. A tool with one attractive feature may still be unsuitable if another practice or contractual term conflicts with the matter’s requirements.
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The D.C. Bar’s Ethics Opinion 388 advises lawyers to determine whether a product saves submitted information and whether an interaction could affect answers to future users. If the lawyer is not satisfied about the confidentiality implications, the opinion says not to reveal client confidential information to the generative AI tool or not to use that tool. In practice, an unanswered question about retention, reuse, access, or future-user effects is a reason to pause, not a reason to assume the most protective answer.
This assessment is not a vendor certification. Ethics opinions describe professional duties; they do not establish that any particular product, plan, or setting satisfies them. Data practices can change, so verify the current terms and configuration for the specific service you intend to use. A setting that disables one form of model improvement, for example, does not answer separate questions about retention, support access, backups, connected applications, or legal demands.
4. Choose the lowest-risk workable path
If public sources, generic instructions, a blank form, or a sufficiently de-identified hypothetical will do the job, use that route. If confidential information is genuinely necessary, submit it only through a system and configuration you have assessed as adequately protecting it under the duties and restrictions that govern the matter. If you cannot reach that assessment, stop: use a nonconfidential workflow or consult the firm’s privacy or security lead.
North Carolina State Bar Formal Ethics Opinion 2024-1 says a lawyer may use AI if it is used competently, securely to protect client confidentiality, and with proper supervision. It also treats third-party software providers as nonlawyer assistants for supervision purposes. That opinion illustrates one state’s guidance; it should not be presented as a universal rule for every jurisdiction. The practical point is that using a vendor does not shift the lawyer’s responsibility to assess and supervise the tool.
Do not let convenience decide the risk question. An upload button, a firm subscription, or a tool designed for legal work does not establish that the intended data use is appropriate. If the matter has a client restriction, order, or contract that rules out external processing, the lawyer must account for it even if the tool’s other protections appear strong. When the available facts do not support a confident assessment, a generic or manual drafting path is preferable to submitting sensitive client material.
5. Draft with a controlled prompt
Give the tool a bounded task and only the information needed for it. For example, a prompt can ask for a neutral outline or a first-pass clause based on generic facts, while instructing the system not to invent missing details. Avoid adding a full client file simply because the tool can accept uploads. If a task requires case-specific facts, first determine whether the service and configuration are appropriate for those facts.
A controlled prompt should make the purpose clear and limit the requested work. It can ask for a structure, a list of issues to check, or a draft using facts supplied in the prompt, while making clear that unknown facts should be left as placeholders rather than filled in. This does not make the output reliable or eliminate confidentiality concerns, but it can reduce unnecessary input and make later review more focused.
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6. Review and validate every draft
Treat generated text as a draft, not as authority. AI output can be inaccurate or unreliable even when it reads fluently and appears confident. Before using the text, have a responsible lawyer check:
- Every legal proposition, citation, quotation, date, and procedural requirement against reliable, current sources.
- Every factual assertion against the client record and the lawyer’s instructions.
- Names, defined terms, calculations, cross-references, and consistency throughout the document.
- Jurisdiction, applicable rules, and whether the language reflects the client’s objectives.
- Whether the draft contains confidential details that should not be there, including details introduced through source material or an earlier prompt.
Review the document as a whole, not only the passages that look uncertain. A polished draft can still omit a required provision, misstate a fact, use an incorrect defined term, or fail to match the intended remedy. Check that citations and quotations exist and say what the draft claims; verify dates, calculations, and cross-references independently. Confirm that the version being sent or filed is the reviewed version and has not acquired new text or confidential material during later editing.
Do not file, send, sign, or advise from a draft until the responsible lawyer has completed that review. The North Carolina opinion places responsibility for the use and impact of AI output on the lawyer; D.C. guidance likewise calls for understanding limitations and reviewing and validating output before incorporating it into client work or proceedings. Supervision includes deciding whether the tool is appropriate for the assignment, checking what it produces, and correcting or rejecting work that does not meet professional standards.
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Client communication, consent, and records
Consent depends on the proposed use
Do not assume every use of AI requires client consent, and do not assume one general engagement-letter clause settles every later disclosure. Consider how material the tool is to the representation, the sensitivity of the information, the client’s instructions, the governing rules, and whether informed consent is required for the specific proposed disclosure.
The ABA’s summary of Formal Opinion 512 identifies both confidentiality and communication with the client as duties implicated by generative AI. Model Rule 1.4 requires reasonable consultation about the means used to accomplish the client’s objectives. Whether and how to discuss a particular tool use therefore calls for a matter-specific judgment rather than an across-the-board promise that consent is always required—or never required.
Where a proposed use would disclose client-confidential information, analyze whether informed consent is required and what the client needs to understand about the disclosure. A generic reference to technology in an engagement letter should not be treated as advance approval for every tool, data category, or purpose. Conversely, do not tell clients that every use of an AI tool necessarily requires consent if the governing rules and facts do not support that blanket statement. Follow any client direction that applies and consult the rules governing the representation.
Keep a proportionate record for higher-risk uses
For a higher-risk workflow, record the service and configuration assessed, the categories of information used, relevant retention and training settings, the review performed, and any client direction or consent. Keep that record consistent with the firm’s security, retention, and client-file obligations. This is practical risk management, not a claim that every jurisdiction requires a particular AI-use log.
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Account for time and fees honestly
AI assistance does not make lawyer time disappear. The ABA’s Formal Opinion 512 summary gives an illustrative example of a lawyer spending 15 minutes entering information for a pleading and notes that the time spent entering information and reviewing the result may be chargeable, subject to the applicable fee rule. That is an example, not a universal billing rule or a promise that every AI-related minute is billable. Lawyers should follow the governing fee requirements and any client agreement, and should not charge for work in a way that misrepresents what was done.
What the ethics guidance establishes—and what it does not
The ABA, D.C. Bar, and North Carolina materials support a careful workflow: identify the relevant duties, assess the actual technology, protect confidential information, supervise providers and output, and communicate appropriately with clients. They do not rank AI vendors, certify a particular product, guarantee that de-identification removes risk, or resolve whether privilege survives a specific use. No product label or single setting substitutes for the lawyer’s assessment of the facts and governing duties.
The ABA archive lists newer ethics opinions through September 2, 2026. Because guidance and product practices can change, lawyers should check for newer applicable ethics material and consult the rules governing the representation before adopting a workflow. The cited opinions are guidance, not individualized advice about a particular client record or jurisdiction. Vendor terms and settings are particularly changeable, so confirm the actual service, plan, configuration, and agreement at the time of use.
Frequently asked questions
Can I paste client information into ChatGPT or another AI tool?
There is no blanket yes. First classify the information, review the rules and restrictions for the matter, and assess the exact service, account, settings, and terms. If you cannot be reasonably satisfied that the proposed use protects the information, do not submit client-confidential material. Use a generic prompt, public information, or a sufficiently de-identified hypothetical instead.
Is replacing a client’s name with “Client A” enough?
Not necessarily. Dates, roles, locations, unusual events, and combinations of facts may still identify a person or matter. The content itself may also reveal a confidence. Remove unnecessary details and consider whether the remaining facts could be re-identified; anonymization is risk reduction, not an automatic guarantee.
Does an AI tool for lawyers automatically protect confidentiality?
No. A legal-focused label does not establish retention, deletion, training or reuse, staff access, subprocessors, integrations, security controls, or contractual protections. Review the actual product and configuration that will handle the data, and verify current terms. The ethics guidance does not certify or rank vendors.
Does using AI waive attorney-client privilege?
There is no universal answer for every tool and factual situation. Confidentiality, privilege, and work-product protection are distinct questions. Do not promise that a particular AI workflow preserves privilege; assess the facts and applicable law for the specific matter.
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Do I always need client consent to use AI?
Not necessarily, and a general engagement-letter clause does not settle every use. Consider the sensitivity and materiality of the proposed use, client instructions, governing requirements, and whether informed consent is required for the disclosure. Model Rule 1.4 also calls for reasonable consultation about means used to accomplish the client’s objectives.
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Who is responsible if the AI draft is wrong?
The lawyer remains responsible for the work used in providing legal services. Verify legal propositions, citations, quotations, facts, dates, calculations, defined terms, cross-references, and procedural requirements before the document is filed, sent, signed, or used to advise a client.
Should I keep a record of AI use?
For higher-risk uses, it is prudent to document the service and configuration assessed, the categories of information used, relevant retention and training settings, the lawyer’s review, and client direction or consent. Keep any record consistent with the firm’s file, security, and retention obligations; this is practical risk management, not a claim that every jurisdiction mandates a particular AI log.
Frequently Asked Questions
Can I paste client information into ChatGPT or another AI tool?
There is no blanket yes. First classify the information, review the rules and restrictions for the matter, and assess the exact service, account, settings, and terms. If you cannot be reasonably satisfied that the proposed use protects the information, do not submit client-confidential material. Use a generic prompt, public information, or a sufficiently de-identified hypothetical instead.
Is replacing a client’s name with “Client A” enough?
Not necessarily. Dates, roles, locations, unusual events, and combinations of facts may still identify a person or matter. The content itself may also reveal a confidence. Remove unnecessary details and consider whether the remaining facts could be re-identified; anonymization is risk reduction, not an automatic guarantee.
Does an AI tool for lawyers automatically protect confidentiality?
No. A legal-focused label does not establish retention, deletion, training or reuse, staff access, subprocessors, integrations, security controls, or contractual protections. Review the actual product and configuration that will handle the data, and verify current terms. The ethics guidance does not certify or rank vendors.
Does using AI waive attorney-client privilege?
There is no universal answer for every tool and factual situation. Confidentiality, privilege, and work-product protection are distinct questions. Do not promise that a particular AI workflow preserves privilege; assess the facts and applicable law for the specific matter.
Do I always need client consent to use AI?
Not necessarily, and a general engagement-letter clause does not settle every use. Consider the sensitivity and materiality of the proposed use, client instructions, governing requirements, and whether informed consent is required for the disclosure. Model Rule 1.4 also calls for reasonable consultation about means used to accomplish the client’s objectives.
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Who is responsible if the AI draft is wrong?
The lawyer remains responsible for the work used in providing legal services. Verify legal propositions, citations, quotations, facts, dates, calculations, defined terms, cross-references, and procedural requirements before the document is filed, sent, signed, or used to advise a client.
Should I keep a record of AI use?
For higher-risk uses, it is prudent to document the service and configuration assessed, the categories of information used, relevant retention and training settings, the lawyer’s review, and client direction or consent. Keep any record consistent with the firm’s file, security, and retention obligations; this is practical risk management, not a claim that every jurisdiction mandates a particular AI log.
The Bottom Line
Bottom line: Treat every AI prompt containing matter information as a confidentiality decision. Minimize or remove client details, vet the exact tool and configuration, and do not proceed with confidential information if you cannot establish adequate protection under the rules and restrictions that apply. A lawyer must supervise the service and independently verify every draft before relying on it.
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