Check a communication with class members against Rule 23(d)

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the draft and the orders, record who would send the communication, whether the recipient is a client, whether an order under Rule 23(d) already covers communications, and whether the draft tells a class member to do or not do something. If it does, record whether it states the consequences in plain language and tells the member that the member may enter an appearance through an attorney. Do not rewrite the communication.

What the lawyer must review

You decide whether to ask for an order under Rule 23(d), what the communication may say, and you send it. In conducting a class action the court may require notice, to protect class members and fairly conduct the action, of any step in the action, of the proposed extent of the judgment, or of the members' opportunity to signify whether they consider the representation fair and adequate, to intervene, or otherwise to come into the action. The court may impose conditions on the representative parties or on intervenors, and it may deal with similar procedural matters. An order under Rule 23(d) may be combined with a Rule 16 order. The rule text does not require leave for every communication. Formal Opinion 512 requires you to review generated text before it is sent, and client communications must not be put into a tool that does not keep them confidential.

Written for / version

United States versionUS