Check a proposed order over class-settlement agreements
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the proposed order with Rule 23(e)(3) and Rule 26(c). Record the agreements it would cover, how long it would last, and whether it identifies a protection listed in Rule 26(c). Flag an order that would withhold the statement Rule 23(e)(3) requires, or that states no protection the rule text lists. Do not rewrite the order.
- What the lawyer must review
- You decide what to ask for and you settle the order. The parties seeking approval of a class settlement must file a statement identifying any agreement made in connection with the proposal. A protective order under Rule 26(c) is available for good cause to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery, including an order that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way. Rule 26(c) does not excuse the Rule 23(e)(3) statement. Formal Opinion 512 requires you to review generated text before filing, and settlement terms must not go into a public tool.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm 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
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- 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.