Screen a publication for an absolute privilege
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the publication, record whether the file describes it as made in the proper discharge of an official duty, in a legislative proceeding, in a judicial proceeding, in another official proceeding authorized by law, or in the initiation or course of a proceeding authorized by law and reviewable by writ of mandate. Do not decide that the publication is privileged.
- What the lawyer must review
- The lawyer applies California Civil Code section 47. A privileged publication or broadcast includes one made in the proper discharge of an official duty, and one made in any legislative proceeding, judicial proceeding, other official proceeding authorized by law, or in the initiation or course of any other proceeding authorized by law and reviewable under the mandate provisions that begin at section 1084 of the Code of Civil Procedure. Subdivision (b) then states exceptions. They include an allegation in a pleading or affidavit in a marital dissolution or legal separation, on the conditions the subdivision states; a communication in furtherance of intentional destruction or alteration of physical evidence to deprive a party of its use; a communication in a judicial proceeding knowingly concealing the existence of an insurance policy; a recorded lis pendens that does not identify an action already filed which affects title or possession of real property; and a communication to a law enforcement agency making a false report that another person has committed or is committing a crime, or is engaged in activity requiring law enforcement intervention, knowing the report is false or with reckless disregard for its truth. Subdivision (c) is a different privilege. It covers a communication without malice to a person interested in it. The lawyer does not treat subdivision (c) as absolute. Subdivisions (d) and (e) are fair-report privileges and are a separate task. The public.law text states the same official-duty and proceeding privileges and the same fair-report subdivisions. This is California law.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its 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 each factual assertion with the witness and original record. Preserve the witness’s own knowledge and words, and check the court’s rules for this document.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- 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.