---
title: "Letter of representation and preservation"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/us-representation-preservation-letter"
type: "precedent"
site: "AI Law Framework"
id: "a21-us-representation-preservation-letter"
area_id: "A21"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R13", "A21-A20260923-2"]
law_stated_as_at: "2026-10-22"
---

# Letter of representation and preservation

> Notice that a lawyer represents an injured person, and a request that the recipient keep records and electronically stored information about the incident.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/us-representation-preservation-letter  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for United States.

## When to use it

Use at the start of a personal-injury claim, to the person claimed to be responsible and to any insurer the lawyer has identified. It is not the demand package. It states no damages figure unless the lawyer adds one.

## Used for these tasks

- [Draft correspondence to the insurer or scheme agent](https://ailawframework.com/practice/personal-injury-and-compensation/draft-correspondence-to-the-insurer-or-scheme-agent.md)
- [Draft a letter of demand or particulars of injury from the schedule](https://ailawframework.com/practice/personal-injury-and-compensation/draft-a-letter-of-demand-or-particulars-of-injury-from-the-schedule.md)

## How AI may be used

AI may draft the letter from the incident date and the record categories the lawyer lists. The lawyer decides who receives it and whether litigation is reasonably foreseeable.

**AI may:**

- Insert the incident date, place, and the recipient from the intake the lawyer confirms
- List only the record categories the lawyer names
- Flag a damages number or an admission the lawyer did not write

**AI must not:**

- Must not state a damages figure or a policy limit
- Must not assert that a preservation duty has already been breached
- Must not send the letter

**The lawyer checks:**

- The recipient and the incident match the file
- No state pre-suit notice statute is cited unless the lawyer has opened it and supplied the citation
- The letter does not double as the HIPAA authorization

## Authorities

- [Fed. R. Civ. P. 37(e) and the 2015 advisory committee note (common-law duty when litigation is reasonably foreseeable; reasonable steps; the rule creates no new duty)](https://www.law.cornell.edu/rules/frcp/rule_37)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/us-representation-preservation-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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