---
title: "Check a communication with class members against Rule 23(d)"
url: "https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-communication-with-class-members-against-the-practice-note/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A7-LA20261022-7-US"
practice_area: "Class Actions / Representative Proceedings"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

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

> 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…

Canonical page: https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-communication-with-class-members-against-the-practice-note/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Class Actions / Representative Proceedings](https://ailawframework.com/practice/class-actions-representative-proceedings.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Check a communication with class members against the practice note](https://ailawframework.com/practice/class-actions-representative-proceedings/check-a-communication-with-class-members-against-the-practice-note.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 23(d) is a power to make orders. It is not a ban on ordinary communications with a client who is a class member.
- Read any order already made in the case about contact with class members before a communication is sent.
- State courts may regulate class communications differently.

## Sources

- [Federal Rule of Civil Procedure 23, Class Actions](https://www.law.cornell.edu/rules/frcp/rule_23) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 16, Pretrial Conferences; Scheduling; Management](https://www.law.cornell.edu/rules/frcp/rule_16) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*