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Privilege Logs: Strategy, Best Practices and Practical Advice

This article provides an overview of the different types of privilege logs, lays out best practices for negotiating ESI or privilege-log protocols, and discusses other issues that can occur with privilege logs in e-discovery.

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Gone are the days when a lawyer would print out documents and prepare a privilege log by drafting individual descriptions — one privileged document at a time. Leveraging the latest technological tools, today’s e-data lawyers are as sophisticated and efficient in preparing privilege logs as they are in all other phases of discovery. Privilege-log planning should begin well before the first privileged document is logged. In fact, privilege-log strategy should be considered at the outset of a matter and included in early meet-and-confers with opposing counsel about the discovery process. In this article, we provide an overview of the different types of privilege logs; lay out best practices for negotiating ESI or privilege-log protocols; discuss what to do if an ESI or privilege-log protocol has not been entered in a matter; consider practical uses of technology to generate privilege logs; and address the inadvertent production of a privileged document.

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