Advise on a counterclaim or a crossclaim
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the instructions, record who the claim would be against, whether that person is an opposing party or a coparty, and the relief sought, including any claim that the coparty is or may be liable for all or part of a claim asserted against the client. Do not decide that the claim must be pleaded and do not draft it.
- What the lawyer must review
- You decide whether the claim is a compulsory counterclaim, a permissive counterclaim, or a crossclaim, and you write it. A pleading must state as a counterclaim any claim the pleader has against an opposing party at the time of service if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require adding a party over whom the court cannot acquire jurisdiction. The rule states two exceptions, including a claim that was already the subject of another pending action when this action was commenced. Any other claim against an opposing party may be stated as a permissive counterclaim. A crossclaim against a coparty is permitted if it arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if it relates to property that is the subject matter of the original action, and it may include a claim for all or part of the liability asserted against the crossclaimant. Rules 19 and 20 govern adding a person to a counterclaim or crossclaim. Presenting the pleading is a Rule 11 certification. Formal Opinion 512 requires you to review generated allegations and citations before filing.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Limit any support to organising, indexing or comparing the source material. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.