Advise on a class representative settling only that person's own claim
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the proposed terms, record whether the settlement is of the representative's individual claim only, in whole or in part, and whether the terms also settle, dismiss, or compromise the claims of the class. Record whether a motion to alter or amend the certification order is already on the file. Do not draft the motion.
- What the lawyer must review
- You decide whether the proposal settles class claims and what to ask the court, and you write the application. The claims, issues, or defenses of a certified class, or of a class proposed to be certified for purposes of settlement, may be settled, voluntarily dismissed, or compromised only with the court's approval. Rule 41(a)(1), which allows a plaintiff to dismiss without a court order in the circumstances that rule states, is subject to Rule 23(e). A settlement that is only of the representative's own claim is not, on that text, a settlement of the class claims. You still decide whether the representative will fairly and adequately protect the interests of the class if that individual claim is settled, and whether to ask the court to alter or amend the certification order before final judgment. Formal Opinion 512 requires you to review generated terms before they are filed. Presenting a paper to the court is a Rule 11 certification.
- 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
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- 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.