Check every document, and every summary or note made from one, against four questions: Was it obtained through a court process (discovery, subpoena, notice to produce, inspection)? Is it legally privileged or a settlement communication? Is it under a suppression or non-publication order? Does it contain other people's personal information? A yes to any of them means it does not go in without advice. Privacy settings, redaction or a public source do not by themselves give permission. In the NSW Supreme Court, SC Gen 23 paragraphs 9A and 9B set conditions on AI use of restricted material; this site's rule, that compelled material never goes into an AI tool, is stricter than that and is our policy. No tool may generate, alter or rephrase affidavit or witness evidence. Where permission is unresolved, do the task by hand.
You are about to ask an AI tool to draft a letter, a summary, a submission or a brief for your matter.
A short, dated, sourced list of facts you have personally confirmed, which every later draft must stay inside.
A litigation professional conduct solicitor specialising in AI-assisted drafting.
The central rule
A spine is the sequence of dates and events the document rests on. If the tool has one date wrong, or one event in the wrong order, it will write confidently around the error and you will not see it, because the prose reads well. Confirm the spine first. Redrafting a letter is cheap; discovering the error in a filed document is not.
This is the mistake behind most bad AI-assisted legal writing by people working alone. The tool is not lying. It is building on a foundation nobody checked.
What a spine is
A spine is smaller than a chronology. The living chronology is the full record of the matter. The spine is the six to twenty facts that this particular document depends on, each with a date, a one-line description and the document that proves it.
Line 6 is the point. The tool has been told about a phone call, cannot source it, and has said so. Until you either find a note of the call or move the line out of the confirmed set into a labelled "recollections" list, nothing gets drafted that relies on it.
Before uploading
- Sort the documents you plan to upload using the clean, confidential or compelled rule. Compelled material never goes in. Confidential material goes in redacted or not at all.
- Check the AI service's privacy and training settings and turn off anything that retains or learns from uploads.
- Use a dedicated chat for the matter, not one you also use for other things.
- Upload the source documents, not your own summary of them. The spine should be built from the record.
Copy the prompt
Paste this at the start of the chat, then upload the documents. The tool will stay quiet until you type the command.
The prompt is deliberately dull. It asks for nothing clever. It is the library's "give the AI a job, not a superlative" principle applied to the most important job there is.
Confirm it line by line
When the spine comes back, do not skim it. For each line:
- Open the source file named on the line. Not your memory of it. The file.
- Check the date on its face matches the date on the line.
- Check the description is what the document actually shows, not an interpretation.
- Mark the line confirmed, or correct it, in your own copy of the spine.
- For every [UNCONFIRMED] line: find a source, or move the line to a separate "recollections" list, labelled as your recollection, outside the confirmed set the tool may draft from. For every [CONFLICT]: decide which document is right and why, record that, and keep the conflict noted rather than erased.
Save the confirmed spine as its own file, dated, following the naming system. It is now the most valuable document in the folder. It is also the thing you hand a lawyer if you get an hour of their time. It is a working tool, not evidence, and it does not replace your own account in anything you swear.
The most common error is not the tool's. It is a date or a page number you were sure of, carried across weeks of work, that turns out to be wrong when someone finally opens the file. The citation guide's rule applies to your own facts: open it, find it, read it.
Then draft, inside the spine
Once every line is confirmed, tell the tool so, in one sentence: "The spine is confirmed as above, with these corrections: [list]. You may now draft [letter / submission / summary], using only confirmed spine lines, citing the line number after each fact." Never name an affidavit or witness statement in that instruction; those you write yourself. A draft that cites spine numbers is easy to check and hard to inflate. A fact without a spine number is a fact the tool added, and it comes out.
If the facts change, the spine changes first, and the draft is rebuilt from it. Never patch a draft to accommodate a fact the spine does not contain.
The clear legal letter guide builds its fact room on the same idea. The separate your AI roles guide explains why the spine session should not be the same session that drafts or reviews.
From Jordan's case file
Checklist
- Documents sorted; nothing compelled or unredacted-confidential uploaded
- Service privacy and training settings checked
- Spine prompt pasted before any documents; tool stays quiet until BUILD SPINE
- Every spine line checked against the named source file
- Every UNCONFIRMED line sourced or moved to a labelled recollections list outside the confirmed set; every CONFLICT resolved and recorded
- Confirmed spine saved as its own dated file
- Drafting instruction limits the tool to confirmed lines with spine citations
- Any fact in a draft without a spine number removed