You can use AI to help draft legal documents, but there is no blanket assurance that entering client information is safe. A prompt is still a decision to use or disclose information. Before entering it, identify what the information reveals, check the exact tool and settings, and use the least sensitive input that will do the job. If you cannot establish that the proposed use protects the client’s information under the rules and restrictions that apply to the matter, do not submit that information.
This guide addresses U.S. lawyers and law firms. ABA Model Rules and ethics opinions guide analysis, but state and local rules can differ. The lawyer remains responsible for confidentiality, competent work, supervision, and checking any AI-generated draft.
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What “safe to put in a prompt” actually means
There is no universally safe category of client information that can be entered into any AI service. The answer depends on what the prompt contains, the purpose of the use, the exact product and configuration, the governing professional duties, and any client, court, contract, or organizational restrictions.
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That is a risk assessment, not a certification of any tool. A product described as legal AI, a setting labeled private, or a vendor’s general privacy statement does not by itself establish that the tool is appropriate for a particular matter. The lawyer needs to assess the actual service, account tier, configuration, terms, and data flow.
Start by classifying the information
Before drafting a prompt, break the proposed input into information categories. A single document can contain public facts, confidential facts, privileged communications, personal information, and commercially sensitive material. Treat each category according to the applicable duty or restriction rather than assuming that a document has one uniform status.
- Public information: Material already publicly available may be usable, but confirm that combining it with other details does not reveal a confidential client fact or connection.
- Generic drafting instructions: A request such as “draft a neutral confidentiality clause for a services agreement” may not require any client-specific facts.
- Client-confidential information: Information related to the representation can be protected by professional confidentiality duties even if it is not privileged or secret in the ordinary sense.
- Privileged or work-product material: These protections raise separate, fact- and jurisdiction-specific questions. Do not assume that submitting material to an AI system preserves either protection.
- Personal or commercially sensitive information: Names, account numbers, financial terms, health details, trade secrets, and similar data may create additional legal, contractual, or practical risks.
- Restricted information: Court orders, protective orders, client instructions, engagement terms, organizational policies, and other agreements may restrict how data can be handled.
Remove details that are unnecessary to the drafting task. Possible identifiers include names, addresses, dates of birth, account numbers, matter numbers, and distinctive dates or events. Replacing a name with “Client A” is not enough if the remaining combination of facts could identify the client, matter, or source of a confidence. Consider whether the prompt itself would reveal something sensitive to a provider or anyone with access to the system.
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Choose the drafting method that requires the least disclosure. Start with public sources, a blank form, a generic instruction, or a sufficiently de-identified hypothetical. Add client-specific facts only when they are genuinely needed and the lawyer has established that the intended system and configuration are suitable for them.
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Example: drafting a clause
If the task is to produce a first-pass indemnity clause, begin with the clause’s general purpose, relevant jurisdiction if needed, and nonconfidential drafting preferences. Do not paste the client’s entire agreement, negotiation history, or names merely because they are available. If the wording must fit an existing provision, first consider whether a redacted excerpt or abstract description will suffice.
Example: drafting a case-specific filing
A pleading may require facts that cannot be generalized without changing the substance. Do not treat that need as permission to paste the record into an unvetted service. First assess whether an approved system and configuration can handle the information under the applicable duties and matter restrictions. If not, draft without the confidential facts, use an internal non-AI workflow, or consult the firm’s privacy or security lead about an acceptable method.
Check for re-identification
De-identification is a practical reduction in risk, not a magic switch. A prompt that omits a name but includes a rare role, a precise event date, a small town, and a distinctive transaction may still point to one client. Ask whether someone familiar with the matter could infer who is involved from the remaining details, and remove or generalize details that are not essential.
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Vet the exact tool, plan, and configuration
Evaluate the system that will actually process the prompt and output. A firm account may have different terms or controls from an individual account; settings, integrations, and product behavior can also change. Review current terms and technical settings rather than relying on a product category or a vendor’s marketing label.
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| What to check | Questions to answer | Why it matters |
|---|---|---|
| Retention and deletion | Are prompts, uploaded files, and generated outputs retained? For how long? Can the firm delete them, and does deletion cover relevant copies? | Retention affects how long client material may remain available and who may later access it. |
| 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 for all relevant data? | Use beyond the immediate interaction can create additional disclosure and confidentiality concerns. |
| Access | Can provider staff, subcontractors, administrators, connected applications, or other customers access the information, and under what circumstances? | Access may arise through support, operations, integrations, or other service functions, not only through the user interface. |
| Security and data location | Where is information processed and stored? What access controls, encryption, and audit logs apply? | The answers help the lawyer assess the handling of the data and the risks of unauthorized access. |
| Incidents and legal demands | What happens during abuse monitoring, a security incident, a backup process, or a legal demand for data? | Incident response and disclosure procedures affect the consequences of a problem. |
| Contractual protections | What commitments apply to this account and deployment? Do they cover relevant data, deletion, subprocessors, and incident handling? | General statements may not describe the enforceable terms governing the specific service. |
| Integrations and permissions | Does the AI connect to email, document storage, matter-management systems, or other applications? What data can those connections expose? | A prompt is not the only potential route by which information can reach the system. |
| Effect on future responses | Could submitted content affect answers provided to future users? | The D.C. Bar identifies this as a specific issue to investigate when assessing confidentiality. |
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. It treats affirmative answers as signals for caution. Its guidance is not a vendor certification: the lawyer still has to decide whether the actual tool and use are acceptable under the governing duties.
Choose a workflow based on the risk assessment
Use the answers from the information review and tool review to choose a path. Do not proceed with client confidential information simply because the drafting task would be faster with a complete file.
- Use generic or public input when it can accomplish the task. Ask for a template, a checklist, or a general explanation without identifying the client or matter.
- Use a de-identified hypothetical when facts are needed to shape the draft but client identity and unique details are not. Check that the remaining details do not reveal the matter.
- Use client information only in a vetted configuration when it is necessary and the lawyer is reasonably satisfied that the service’s handling is consistent with professional duties and matter-specific restrictions.
- Stop if the assessment is unresolved. Do not enter client confidential information while waiting to determine whether the tool’s terms or settings are adequate. Consult the firm’s privacy or security lead, choose another workflow, or obtain appropriate client direction where required.
The North Carolina State Bar’s 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 addresses third-party software providers as nonlawyer assistants for supervision purposes. The opinion illustrates a state-bar approach; it is not a substitute for checking the rules that govern a particular lawyer or matter.
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Review the generated text as lawyer work product
A fluent draft can still be wrong, incomplete, or unsuitable. AI assistance does not transfer responsibility for the legal work to the service provider. The North Carolina opinion warns that AI output may be inaccurate or unreliable despite appearing reliable. The D.C. opinion likewise directs lawyers to understand limitations and review and validate output before using it in client work or proceedings.
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Before a draft is sent, signed, filed, or used to advise a client, a responsible lawyer should review the entire document against reliable legal sources and the client record. Verify:
- each legal proposition against current, authoritative law for the relevant jurisdiction;
- every quotation, citation, date, defined term, cross-reference, and calculation;
- factual statements against the client record, including names, roles, chronology, and amounts;
- procedural rules, filing requirements, and document-specific obligations;
- whether the draft reflects the client’s objectives and the lawyer’s instructions; and
- whether the output introduced confidential details, omitted necessary qualifications, or included invented or unsupported material.
Do not treat citations or quotations generated by the system as verified merely because they look plausible. Check the source itself. If the model has incorporated information from outside the material supplied, determine whether it is accurate, current, and appropriate for the matter before retaining it.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Handle client communication and consent matter by matter
It would be inaccurate to say that every use of AI requires client consent, just as it would be inaccurate to say that one general engagement-letter clause automatically resolves every disclosure question. Consider the sensitivity of the information, what the tool does with it, the role AI plays in the representation, client instructions, applicable professional rules, and any other matter restrictions.
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1Clear out junk files and repair common Windows errors2Scan for outdated or missing drivers - takes under a minute3Repair Windows errors before they cause bigger problemsThe ABA summary of Formal Opinion 512 identifies confidentiality and client communication among the duties implicated by generative AI. It explains that Rule 1.4 requires reasonable consultation about the means used to accomplish the client’s objectives. When a proposed use involves a disclosure for which informed consent is required, the lawyer must address that requirement before making the disclosure; a client’s general awareness that the firm uses technology is not necessarily informed consent to a particular data-handling practice.
Privilege and work-product protection require separate care. Professional confidentiality, attorney-client privilege, and work-product protection overlap, but they are not interchangeable. Whether a particular AI interaction affects privilege or work-product protection depends on the circumstances and applicable law. Do not promise a client that an AI workflow preserves either protection without a fact- and jurisdiction-specific analysis.
Keep a proportionate record for higher-risk uses
For a consequential or higher-risk use, maintain a record of the tool and configuration assessed, the categories of information used, relevant retention and training settings, the review performed, and any client direction or consent. Keep the record consistent with the firm’s file-retention, security, and client-file obligations. This is practical risk management; the cited guidance does not establish a universal requirement to create a particular AI log for every use.
Common mistakes to avoid
- Assuming a legal-AI label proves compliance: Assess the service’s actual terms, settings, access, retention, and data use.
- Assuming redaction means anonymity: A unique combination of facts may identify the matter even when names and numbers are removed.
- Assuming a no-training setting answers every question: Retention, access, integrations, backups, support, and incident practices still matter.
- Assuming privilege is preserved automatically: Confidentiality duties, privilege, and work product are distinct analyses.
- Assuming polished output is accurate: Verify law, facts, citations, quotations, and document-specific requirements.
- Assuming one firm-wide approval fits every case: Client instructions, court orders, contracts, jurisdiction, and the sensitivity of the proposed input may differ by matter.
- Entering information first and checking terms later: Review the actual account and configuration before submitting any client confidential information.
Ethics opinions are guidance, not certifications of products or substitutes for the rules governing a representation. ABA Formal Opinion 512 is dated July 29, 2024; the ABA archive lists newer ethics opinions through September 2, 2026. Lawyers should check for later guidance and confirm current state and local requirements before relying on an earlier opinion. Vendor data practices can also change, so the service, plan, settings, and agreement should be checked at the time of use.
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