---
title: "Flag a settlement-negotiation note before it is indexed"
url: "https://ailawframework.com/practice/knowledge-management/flag-a-settlement-negotiation-note-before-it-is-indexed/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "KM-MA20261022-12-US"
practice_area: "Knowledge Management"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Flag a settlement-negotiation note before it is indexed

> Mark offers, acceptances, and statements made during compromise negotiations, with the page. Do not treat the note as proof of liability or amount.

Canonical page: https://ailawframework.com/practice/knowledge-management/flag-a-settlement-negotiation-note-before-it-is-indexed/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Knowledge Management](https://ailawframework.com/practice/knowledge-management.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Flag a settlement negotiation note before it is indexed](https://ailawframework.com/practice/knowledge-management/flag-a-settlement-negotiation-note-before-it-is-indexed.md) |

## Checking plan

- What the AI does: Mark offers, acceptances, and statements made during compromise negotiations, with the page. Do not treat the note as proof of liability or amount.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 408 does not make the note confidential. Confidentiality is Rule 1.6.
- The rule applies to a disputed claim. You decide whether a claim was disputed.

## Sources

- [Federal Rule of Evidence 408](https://www.law.cornell.edu/rules/fre/rule_408) (checked 2026-10-22)
- [ABA Model Rule 1.6, Confidentiality of Information](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*