The Relativity blog published 7 Steps to Your Best Privilege Log Ever by Helen Geib, General Counsel at QDiscovery. This article offers an easy 7 step approach to maintain privilege while collaborating with the other side, without extra work for the case team.
Excerpt from 7 Steps to Your Best Privilege Log Ever on the Relativity Blog:
Privilege is a top concern in every kind and size of case. Inadvertent disclosure of privileged information can lead to privilege waiver. In the worst case scenario, the judge could even find subject matter waiver and order disclosure of related documents as well.
Most producing parties would prefer to treat their privileged material like a state secret: neither confirming nor denying its existence. However, the courts have recognized the competing interest of the requesting party to know what’s being withheld and why.
Federal Rule of Civil Procedure 26(b)(5) and corollary state rules require producing parties to 1) make an express claim of privilege and 2) disclose information sufficient to assess the claim. The privilege log is the customary means of complying with this requirement.
Privilege logs must be comprehensive and accurate. The log entries must provide enough detail to demonstrate the basis of the claim without disclosing the substance of the privileged communication or work product.
Accurate and cost-effective logs can be achieved with early planning, database optimization, and good workflows. Follow these seven steps to build your best privilege log ever.