Disclose the costs estimates before a settlement is executed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the figures the lawyer supplies for a litigious matter, assemble a working note of a reasonable estimate of the legal costs payable by the client if the matter is settled, including any legal costs of another party that the client is to pay, and a reasonable estimate of any contributions towards those costs likely to be received from another party. Record that section 177 requires the disclosure before the settlement is executed. If the lawyer says this practice was retained by another law practice, record the exception and whether that other practice will make the disclosure. Do not draft the settlement.
- What the lawyer must review
- The lawyer decides the estimates, whether the matter is litigious, whether the exception applies, and makes the disclosure to the client before the settlement is executed.
- 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 figures the lawyer supplies for a litigious matter, assemble a working note of a reasonable estimate of the legal costs payable by the client if the matter is settled, including any legal costs of another party that the client is to pay, and a reasonable estimate of any contributions towards those costs likely to be received from another party. Record that section 177 requires the disclosure before the settlement is executed. If the lawyer says this practice was retained by another law practice, record the exception and whether that other practice will make the disclosure. Do not draft the settlement. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The note has both estimates: costs payable by the client if settled, including another party's costs the client is to pay, and contributions likely to be received.
- The disclosure is timed before the settlement is executed.
- The retained-by-another-practice exception is applied only where the lawyer says the other practice makes the disclosure.
- The note does not draft the terms of settlement.
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.