List the role and what a source request seeks
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the role the file describes only when it is a newspaper, magazine, other periodical, press association, wire service, radio, or television. If none of those words fit, leave the role blank. List whether the request seeks a source or unpublished information. State no contempt result.
- What the lawyer must review
- You decide whether the person can be adjudged in contempt. Evidence Code § 1070(a) provides that a publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, cannot be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, in a proceeding as defined in § 901, for refusing to disclose the source of information procured while so connected or employed for publication in a newspaper, magazine, or other periodical publication, or for refusing to disclose unpublished information obtained or prepared in gathering, receiving, or processing information for communication to the public. Section 1070(b) states the same contempt shield for a radio or television news reporter or other person connected with or employed by a radio or television station, for the source procured for news or news commentary purposes on radio or television, and for unpublished information. Section 1070(c) defines unpublished information to include information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated, and to include notes, outtakes, photographs, tapes, or other data of whatever sort not itself disseminated to the public through a medium of communication. Section 901 was not opened. The words that were read do not name a blogger or a podcaster. This is a contempt shield. Do not invent a privilege label for it. Opinion 512 does not let the tool make the judgment.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming 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 actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- 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.