Consent, disclosure, and when to tell the client
Lesson 5 of 6 · Confidentiality and the client's facts
1 · Learn the move · Specific task + easy yes
Three different duties get collapsed into one word. CONSENT: for some uses, the opinions say the client must agree, informed, before information relating to the representation goes into a self-learning tool, and a sentence buried in the engagement letter is not that [P]. DISCLOSURE: separately, a client is entitled under the communication rule to know enough about how the work is done to make decisions, and some uses of a tool are that kind of fact [M]; one state now requires disclosure of generative-AI use by statute in certain circumstances [S]. BILLING: the tool's time is not your time; the ABA opinion is explicit that the lawyer bills for time actually expended and does not bill for the hours the tool saved as if they were worked [P]. The 'specific task, easy yes' pattern builds the consent request so the client can say yes to one named thing: this tool, this category of information, this purpose, this duration, with the risk stated in a sentence. A request a client can only say yes to in general is not informed. The model drafts the request from the elements you give it and marks every element you did not, and it never writes that the consent, once signed, makes anything permitted.
Draft a consent request to a client for one specific use of an AI tool. Elements I supply: the tool and plan by name, the category of information (not the facts themselves), the purpose, the duration, the risk in one sentence, the client's right to decline. Any element I did not supply is [CHECK THE RECORD: element]. The request must let the client say yes to this one use and nothing broader. Do not say the use is permitted once consented, do not describe any tool as secure, and add the line that counsel reviews it before it goes out. Elements: [paste]
2 · Your turn. You write the prompt
Marchetti & Ostrow wants to use a business-plan tool to summarize a client's own document production in a commercial dispute. The client is a company whose general counsel will read the request closely. The partner wants a request the general counsel can approve in one reply, limited to this matter and this use.
Write the prompt for this scenario as given, or swap in a real one from your own work. The score works the same either way.
Remember: the AI sees only your prompt, not this page. If the situation isn't in your prompt, it doesn't exist.
Optional. These shape the output when you run your prompt below, not your score.