The boundaries.
NEVER DELEGATE
Legal advice Determining a position Citing authority without reading it Judgement about strategy Anything filed without full review Assessment of a client's case
WHY
These require professional judgement and a practitioner who can be accountable.
THE FILING RULE
Every document filed is certified by you. Fabricated authorities in a filing are your responsibility.
THE ADVICE RULE
Advice given is your advice. That a model drafted it is irrelevant to your liability.
WHAT YOUR REGULATOR EXPECTS
Competence, which includes understanding the limitations of tools you use Confidentiality Supervision of anything done on your behalf
Most regulators have published guidance. Read yours.
THE COMPETENCE POINT
Using a tool you do not understand, in an area where you cannot assess the output, is a competence problem.
WHAT TO RECORD
Your own reasoning, in your file.
If a decision is questioned, you must be able to explain it.
THE TEST
Could you defend this on your own analysis?
