When to use
Use this to size the risk of one product feature — an AI recommendation, a data-sharing toggle, a dark-pattern-prone flow, a new payment mechanism — before it ships. It converts "this feels risky" into a rated, owned item that leadership can weigh against the launch date.
Not for: whole-launch sign-off (use prodl-launch-review), marketing copy (use prodl-marketing-claims-review), or a fast yes/no gut check (use prodl-is-this-a-problem). Run this once per feature.
Method
- State the feature and its behavior. What it does, to whom, and what data or money moves.
- Identify the legal hook. Which regime touches it: consumer protection, privacy, dark patterns, accessibility, IP, sector rules.
- Rate severity (1-5). Financial exposure, regulatory penalty, litigation, reputational harm. Name the driver.
- Rate likelihood (1-5). Base it on precedent, enforcement trends, and how the feature is actually used. Note the basis.
- Derive the tier from severity × likelihood: Low / Medium / High / Critical.
- Assign mitigation. For each material risk, an action that lowers one axis, with owner and date.
- Set escalation and a review trigger. Who acts by when; what event forces re-assessment.
Example
Feature: a pre-checked "share my data with partners" box. Legal hook: FTC dark-pattern / consent guidance and CPRA opt-out. Severity: 4 (regulatory penalty, class-action exposure). Likelihood: 4 (pre-checked consent is an active enforcement target). Tier: Critical → counsel same day. Mitigation: default the box to unchecked and add an affirmative opt-in (owner: Product, before launch). Residual: Low. Review trigger: any change to the consent flow.
Pitfalls
- Scoring on gut feel. Likelihood needs an evidence basis — cite precedent or enforcement data.
- Bundling features. One assessment per feature, or the tier blurs.
- Mitigations without an owner or date. An unowned control is a wish.
- Ignoring how users actually behave. Intended use and real use diverge; rate the real one.
Output format
Feature: <what it does>
Legal hook:
Severity: <1-5> — driver:
Likelihood: <1-5> — basis:
Tier: Low | Medium | High | Critical
Mitigation: <action> — owner: <name> — by: <date>
Escalation: <who> by <when>
Residual risk / review trigger:
Reference
FTC substantiation. If the feature makes or implies a claim (an AI "detects fraud", a filter is "medical-grade"), the claim needs a reasonable basis before launch; efficacy and health claims need competent, reliable scientific evidence.
Launch-risk rubric. Any Severity-5 feature is at least High; Sev5 with Likelihood 3+ is Critical. High severity or a high severity×likelihood product pushes the tier up. Audience vulnerability (minors, health, finance) raises the floor.
When to escalate to counsel. Escalate any Critical tier, any Severity-5, dark-pattern/consent flows, children's data, or a novel feature with no precedent. This skill spots and sizes issues; it is not legal advice, and an attorney owns the go/no-go on flagged features.