Check which class notices Rule 23 requires
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the file, list each of these events that has happened and whether a notice to class members is on the file for it: an order certifying a Rule 23(b)(3) class, an order certifying a (b)(1) or (b)(2) class, a proposal to settle or dismiss claims of a certified class or of a class proposed to be certified for settlement, and a motion by class counsel for attorney's fees. Record the date of the event and the date of any notice. Do not draft a notice.
- What the lawyer must review
- You decide whether a notice is required and you settle it. For a (b)(3) class the court must direct the notice in Rule 23(c)(2)(B). For a (b)(1) or (b)(2) class the court may direct appropriate notice. The claims of a certified class, or of a class proposed to be certified for settlement, may be settled, voluntarily dismissed, or compromised only with the court's approval, and the court must direct notice of the proposal in a reasonable manner if giving notice is justified. In a certified class action, notice of a fee motion by class counsel must be directed to class members in a reasonable manner. Rule 23(d) also lets the court order notice 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. Formal Opinion 512 requires you to review a generated notice before it is used.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. 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
- 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.