Explain the fee consequences before the client decides whether to settle
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the fee and expense figures already communicated, and what the file does not show about the cost of settling or of continuing. Do not draft the settlement.
- What the lawyer must review
- You decide what the client must be told before deciding whether to settle. Rule 1.2(a) says a lawyer shall abide by a client's decision whether to settle a matter and, as required by Rule 1.4, shall consult with the client as to the means by which the client's objectives are to be pursued. Rule 1.4(b) requires an explanation to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Rule 1.4(a)(2) requires the lawyer to reasonably consult with the client about the means. Rule 1.5(b) requires the basis or rate of the fee and expenses to be communicated, and any change in that basis or rate or in the expenses to be communicated as well. These pages do not require two named costs estimates before a settlement is signed. The tool does not recommend whether to settle and does not draft the agreement. An aggregate settlement of the claims of or against two or more clients is a different rule: Rule 1.8(g) requires each client's informed consent in a writing signed by the client, after disclosure of the existence and nature of all the claims or pleas and of the participation of each person. Do not apply Rule 1.8(g) unless that is the matter.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.