Flag a settlement-negotiation note before it is indexed

Key facts

Human involvement
YellowClose supervision
How AI is used
Mark offers, acceptances, and statements made during compromise negotiations, with the page. Do not treat the note as proof of liability or amount.
What the lawyer must review
Federal Rule of Evidence 408(a) provides that evidence of furnishing, promising, or offering, or accepting, a valuable consideration in compromising or attempting to compromise a claim, and conduct or a statement made during compromise negotiations about the claim, is not admissible on behalf of any party to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction. There is an exception when the evidence is offered in a criminal case and the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority. Rule 408(b) allows admission for another purpose, such as proving a witness's bias, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. Model Rule 1.6 still bars revealing the note as client information. You decide whether the note stays out of the know-how bank.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
  2. Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
  3. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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