Check a draft witness statement or expert report against the proof and index the exhibits
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- The tool writes no part of the witness statement and no part of the expert report — no draft, no first draft, no scaffold, no skeleton, no outline, no suggested paragraphs. On the lawyer's draft statement: index the exhibits the draft refers to, compare the draft paragraph by paragraph against the proofing note and the source documents, and list every assertion in the draft for which no source is identified. On the expert's own draft report: list every opinion for which the report states no fact, assumption or reasoning, without suggesting what the opinion or its basis should be, and check that the expert's independence and code-of-conduct declaration is present and in the form the applicable rules require. For each of the two documents separately, also list the topics covered in the proof that the draft does not yet address, proposing no wording for them, and flag any departure from the tribunal's procedural orders on the form and length of the document.
- What the lawyer must review
- Before any of this material is uploaded, the lawyer settles the confidentiality position and confirms the tool's use is consistent with it — the confidentiality provisions of the Commercial Arbitration Act (ss 27E–27F) or, for an international arbitration, the International Arbitration Act 1974 (Cth) (ss 23C–23G), together with any confidentiality order of the tribunal or agreement of the parties. The lawyer takes the evidence from the witness and drafts the statement in the witness's own words, and the witness reads and adopts it before signing. The expert writes and signs their own report; the lawyer checks the independence and code-of-conduct declaration against the applicable rules, and if any gap list is given to the expert the lawyer records it as part of the expert's instructions and treats it as disclosable with them.
- 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 | Supporting preparation only. Potential support includes extracting and organising information and identifying points for review. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Check the specialist’s assumptions, qualifications and limits. Obtain the relevant expert or specialist review before relying on a technical conclusion.
- 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.