Check a draft message against the rule on communicating with another solicitor's client
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the draft and the file, state whether the message is about the subject of the representation and whether the file shows that the recipient is represented by another practitioner. List which exception, if any, the file already records. Do not send the message.
- What the lawyer must review
- The lawyer decides whether the recipient is known to be represented, whether an exception applies, and whether the message is sent.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the draft and the file, state whether the message is about the subject of the representation and whether the file shows that the recipient is represented by another practitioner. List which exception, if any, the file already records. Do not send the message. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- In representing a client, a solicitor must not communicate about the subject of the representation with a person the lawyer knows to be represented by another practitioner, unless an exception applies.
- The exceptions opened in the rule are previous consent of the other practitioner; a belief on reasonable grounds that the circumstances are so urgent that the solicitor must communicate and that the communication would not be unfair to the opponent's client; a communication solely to ask whether the other party is represented and by whom; or notice of the intention to communicate, a failure by the other practitioner to reply after a reasonable time, and a reasonable basis for proceeding.
- The lawyer decides whether any exception applies. The draft is not sent from the check.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.