Draft the conflict-management provisions for a class action costs and funding agreement
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the costs agreement, the litigation funding agreement and the parties' relationships, build a table of each actual or potential conflict (duty and interest, duty and duty) between the applicant, class members, the lawyers and the funder, and draft conflict-management provisions and a protocol for raising and resolving conflicts during the proceeding from the firm's precedents.
- What the lawyer must review
- Decide which conflicts exist or may arise on this funding structure, settle the provisions and protocol, and make sure the arrangements let the lawyers meet their continuing obligation to recognise and manage conflicts throughout the proceeding.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the costs agreement, the litigation funding agreement and the parties' relationships, build a table of each actual or potential conflict (duty and interest, duty and duty) between the applicant, class members, the lawyers and the funder, and draft conflict-management provisions and a protocol for raising and resolving conflicts during the proceeding from the firm's precedents. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the instructions, the jurisdiction and the complete relevant material before starting.
- Check the conflicts table against the actual relationships between the funder, lawyers and applicant.
- Confirm the provisions cover both duty-and-interest and duty-and-duty conflicts.
- Confirm the protocol fits the agreements that will be disclosed to the court.
- Check the output against the source documents named in it before it is relied on.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.