List settlement communications and the purpose that might be raised
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each communication or document made in an attempt to settle, and which other purpose might be raised for it. Do not say that the communication is admissible.
- What the lawyer must review
- You decide which forum's rule applies, and you do not treat a listed purpose as a ruling that the communication comes in. Federal Rule of Evidence 408(a) says evidence of furnishing, promising, or offering, or accepting, a valuable consideration in compromising or attempting to compromise a claim, and conduct or a statement made during compromise negotiations about the claim, is not admissible on behalf of any party to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction. The criminal-case exception in 408(a)(2) is limited to negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority. Rule 408(b) says the court may admit the evidence for another purpose, such as proving a witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. In an AAA commercial arbitration, Rule R-35 says conformity to legal rules of evidence shall not be necessary, and the arbitrator determines admissibility, relevance, and materiality. In an AAA commercial mediation, M-10 says the parties shall not rely on or introduce as evidence in any arbitral, judicial, or other proceeding the views, admissions, mediator proposals, and indications of willingness that M-10 lists, unless agreed by the parties or required by applicable law.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.