AI settings for a small law firm in North Dakota
Checked against the source documents on October 26, 2026
North Dakota's court system put out a public notice this June that AI is a tool only and that confidentiality stays on the lawyer. The settings that answer that are on the main checklist. This page says which ones North Dakota points at, and why.
What North Dakota has said
North Dakota Court System (North Dakota Supreme Court): Public Notice Regarding Use of AI, Public Notice Regarding Use of AI, 2026-06-01.
- Confidentiality. Users must not use AI in ways that disclose confidential communications, PII, PHI, or juvenile, sealed or restricted records; responsibility stays with the user.
- Competence. Cites N.D.R.Prof.Conduct 1.1: competence includes understanding AI's limitations.
- Supervision. Cites Rules 5.1 and 5.3: supervise staff and subordinate attorneys who use AI.
- Disclosure. No general duty to disclose AI use merely because it was used; disclosure may still be required by existing rules or specific orders.
- Verification. Filers must independently confirm citations and verify facts; fully accountable for AI errors and fabricated citations under N.D.R.Civ.P. 11 and Rule 3.3.
One line from it: "AI is a tool only" (Public Notice Regarding Use of AI, opening section, 2026-06-01).
The settings that answer it
- Use the business plan, not a personal one. On Claude Pro, Claude Max and ChatGPT Plus, training on chats is each user's own setting. On Claude Team, ChatGPT Business and Microsoft 365 Copilot with a work sign-in, business data is not used for training by default. On the checklist
- Turn off the training and feedback exceptions an admin can still turn off (Claude feedback, ChatGPT personal accounts that are still in use). On the checklist
- Set retention on purpose instead of taking the default. On the checklist
- Turn on single sign-on so a lawyer who leaves loses access the same day. On the checklist
- Decide on connectors, apps and agents before staff add them. On the checklist
- Put the vendor's written terms on training, retention, subprocessors and breach notice in the file. On the checklist
- Write the one-page staff instruction and a note for each new hire. On the checklist
- Keep a verification step before anything is filed. That is a procedure, not a setting, and no vendor sells it. On the checklist
- Decide what the engagement letter says about AI use and billing. That is yours to write; I only flag that the opinion raises it. On the checklist
Rules around it
Technology competence: Yes. N.D. R. Prof. Conduct 1.1 cmt. (relevant technology), adopted 2015-12-09 effective 2016-03-01 per LawNext tracker;
Court rule on AI in filings: Administrative Order 36, Use of Generative Artificial Intelligence (Supreme Court No., effective 2026-05-18; notice 2026-06-01. What it asks of the signer: none (no disclosure solely because AI used); RPC apply fully.
In motion: Public Notice states the court may update it as AI technology evolves; no proposed rule or comment deadline found. source
What this page is not
This is a tech settings page, not legal advice. The state document above is the ethics half and it is yours to read and decide on. I am not a lawyer. I link the source so you can check me.
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If you want this kept current for your firm, that is the monthly desk: I watch these settings as the vendors change them and as your state changes its guidance, answer staff questions in writing, usually within one business day, and write up setup notes for each new hire. $500 a month, cancel any month.
Who wrote this
I'm Nick Kaufman. I've spent six years in customer-facing technical support for SaaS, payments and CRM software, including three years at Tier 2 on a CRM built for financial advisors, whose firms work under SEC and FINRA rules. I'm not a lawyer and I don't give legal advice. I set up software so it does what the people responsible for it decided it should do.
Other states: the full list.