Advise a class member on requesting exclusion
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the class notice and the orders, record the time and manner stated for requesting exclusion, and whether a request from this person is already on the file. Do not decide that the person is excluded and do not draft the request.
- What the lawyer must review
- You decide whether the person can still request exclusion, and you write the advice and any request. For a class certified under Rule 23(b)(3), the notice must state that the court will exclude from the class any member who requests exclusion, and the time and manner for requesting exclusion. It must also state the binding effect of a class judgment on members under Rule 23(c)(3). For a class certified under Rule 23(b)(1) or (b)(2), the court may direct appropriate notice. That provision does not state the same right to request exclusion. If the class was certified under Rule 23(b)(3) and a settlement is later proposed, the court may refuse to approve the settlement unless it affords a new opportunity to request exclusion to members who had an earlier opportunity and did not use it. Formal Opinion 512: advice to the client is yours. Review any generated statement of the deadline before you rely on it.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. 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
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- 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.