Document sections
These clauses are drafted to support the Firm’s position that Vetted Cases (and its sub-processors) function as the Firm’s confidential agent for intake — the same role a receptionist, intake paralegal, interpreter, or answering service fills — so that privileged and work-product protections are preserved to the fullest extent the law allows. Cf. In re Kovel*, 296 F.2d 918 (2d Cir. 1961); ABA Model Rules 1.6, 1.18, 5.3, and 1.1 cmt. 8; ABA Formal Ops. 492 & 512.*
3.1 Engagement as the Firm’s agent
3.1.1 The Firm engages Vetted Cases to perform client-intake functions at the Firm’s direction and under the Firm’s supervision. In performing the Service, Vetted Cases and its authorized sub-processors act as agents of the Firm for the purpose of facilitating the rendition of legal services and communications between the Firm and prospective clients, in the role traditionally filled by a receptionist, intake clerk, interpreter, or answering service.
3.1.2 The parties intend that communications between prospective clients and the Service, made to enable the Firm to evaluate and provide legal services, be treated as confidential communications through the Firm’s agent, and that Vetted Cases’ role support (and not defeat) any applicable attorney-client privilege and work-product protection belonging to the Firm and its clients or prospective clients.
3.1.3 No guarantee. Vetted Cases makes no representation that any particular communication, record, or summary will in fact be held privileged or protected by any court; privilege and work-product doctrines are evolving as applied to AI, and the underlying facts are never privileged. This clause states the parties’ intent and allocates roles; it does not warrant a legal outcome.
3.2 Supervision and technology competence (Rule 5.3 / Rule 1.1 cmt. 8)
Vetted Cases shall operate under the Firm’s documented instructions and configuration, provide the Firm reasonable information about how the Service handles data, and support the Firm’s supervisory obligations over nonlawyer assistance. The Firm remains responsible for exercising professional judgment over intake outputs.
3.3 Confidentiality obligations
3.3.1 Vetted Cases shall treat all Caller communications, case facts, transcripts, and intake records as Firm Confidential Information and protect them at least as it protects its own most sensitive data, using them solely to provide the Service to that Firm.
3.3.2 Vetted Cases shall bind its personnel and sub-processors to confidentiality obligations consistent with this Part and the DPA.
3.4 No independent use; no resale of analytics
Vetted Cases shall not: (a) use Firm or Caller data for any purpose other than delivering the Service to that Firm; (b) train or improve models on Firm or Caller data; (c) sell, license, or share Firm or Caller data or any analytics derived from it; or (d) build or market data products derived from the content of a Firm’s calls. Only de-identified, aggregated operational metrics that cannot be linked to a Firm, Caller, or matter may be used to operate and secure the Service.
3.5 No human review except as directed
Vetted Cases shall not have its personnel listen to call audio or read transcripts except: (a) as the Firm expressly directs or enables (e.g., a Firm-elected QA window); (b) as strictly necessary to investigate a security incident, prevent abuse, or resolve a Firm-raised support issue, using the least data necessary; or (c) where compelled by law (with notice to the Firm where permitted). All such access is access-logged and subject to confidentiality.
3.6 Firm-specific isolation
For each signed implementation, Vetted Cases shall configure and validate firm-specific data isolation across the approved call, delivery, storage, and memory paths before live traffic, and shall maintain those boundaries while providing the Service.
3.7 Compelled disclosure
If Vetted Cases receives a subpoena, warrant, or other legal demand for Firm or Caller data, it shall, to the extent legally permitted, promptly notify the Firm, disclose only what is legally required, and reasonably cooperate with the Firm’s efforts to limit or quash the demand and to assert privilege.
3.8 Labeling of AI output
All AI-generated summaries and intake notes shall be labeled “AI-generated / unverified — attorney to confirm.” Such outputs are drafts to assist the Firm and are not attorney work product until adopted by a supervising attorney.
3.9 Survival
Confidentiality, no-independent-use, no-training, isolation, and compelled-disclosure obligations survive termination.