http://www.casesoft.com/download/CaseMapPrivilegeLogReport.pdf
https://www.digitalwarroom.com/blog/build-your-privilege-log
A privilege log is an entry for each privileged document which provides enough information so that the opposing party can reasonably determine whether the document is privileged. There are four main types of privilege which can be claimed by an attorney - Attorney Work Product, Attorney-Client, Attorney Advice, and Joint Defense.
The purpose of your privilege log is to identify and describe the documents you are withholding, including dates, purpose obtained, key players, and more, in order to present the best possible case for maintaining confidentiality.
While creating a privilege log can be a tedious endeavor, it is an essential part of the discovery process. This task is critical, as under-asserting privilege may lead to giving up privilege for documents yet, over-asserting could lead to a time consuming in camera review or necessitate an expensive and time-consuming second pass review of your entire discovery corpus. For each privileged document, a complete privilege log and document description will keep your team organized and ultimately is required to meet your obligations, thereby allowing the opposing party to properly assess the claim.
Federal Rule of Civil Procedure Number 26 (b) (5) (A) explains the requirements of how to claim privilege and withhold documents.
26 (b) (5) (A):
(A) Information Withheld. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial-preparation material, the party must:
(i) expressly make the claim; and
(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.
This rule is setting out the framework for the creation of a privilege log (priv log). eDiscovery software like Digital WarRoom streamlines the process using built-in templates and autofills certain fields of your privilege log with available data as a document is marked as privileged. Keep in mind that this in no way negates the lawyer’s duty to review each privilege log entry.
The privilege log provides a plethora of data regarding the document and the reason for the privilege.
All of the fields listed below will populate automatically, showing the auditable nature of performing privilege review within an eDiscovery software platform like Digital WarRoom:
Beg Bates
End Bates
Mark Reviewer (Login ID)
Marked on (Date)
Privilege Reviewer (Login ID)
Privilege Entry (Date)
Comment (Created during review)
Family # (A unique ID number representing a document family. Ex: document and attachment)
Rank #
Pith # (A unique ID number representing a set of near-duplicate documents) (see deduping article for explanation)
Doc Title (Or subject line for email)
Extension
Locus
Custodian (The owner of a particular collection, assigned during review)
A privilege log is an entry for each privileged document which provides enough information so that the opposing party can reasonably determine whether the document is privileged. There are four main types of privilege which can be claimed by an attorney - Attorney Work Product, Attorney-Client, Attorney Advice, and Joint Defense.
While creating a privilege log can be a tedious endeavor, it is an essential part of the discovery process. This task is critical, as under-asserting privilege may lead to giving up privilege for documents yet, over-asserting could lead to a time consuming in camera review or necessitate an expensive and time-consuming second pass review of your entire discovery corpus. For each privileged document, a complete privilege log and document description will keep your team organized and ultimately is required to meet your obligations, thereby allowing the opposing party to properly assess the claim.
Federal Rule of Civil Procedure Number 26 (b) (5) (A) explains the requirements of how to claim privilege and withhold documents.
26 (b) (5) (A):
(A) Information Withheld. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial-preparation material, the party must:
(i) expressly make the claim; and
(ii) describe the nature of the documents, communications, or tangible things not produced or disclosed—and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.
This rule is setting out the framework for the creation of a privilege log (priv log). eDiscovery software like Digital WarRoom streamlines the process using built-in templates and autofills certain fields of your privilege log with available data as a document is marked as privileged. Keep in mind that this in no way negates the lawyer’s duty to review each privilege log entry.
The privilege log provides a plethora of data regarding the document and the reason for the privilege.
All of the fields listed below will populate automatically, showing the auditable nature of performing privilege review within an eDiscovery software platform like Digital WarRoom:
Beg Bates
End Bates
Mark Reviewer (Login ID)
Marked on (Date)
Privilege Reviewer (Login ID)
Privilege Entry (Date)
Comment (Created during review)
Family # (A unique ID number representing a document family. Ex: document and attachment)
Rank #
Pith # (A unique ID number representing a set of near-duplicate documents) (see deduping article for explanation)
Doc Title (Or subject line for email)
Extension
Locus
Custodian (The owner of a particular collection, assigned during review)