Privilege Log

A privilege log is essential in legal proceedings and is used to identify documents withheld under legal privileges such as attorney-client communication or the work-product doctrine. A well-structured privilege log ensures transparency without compromising confidentiality and must stand up to scrutiny from courts and opposing counsel.

Purpose of a Privilege Log

To justify withholding specific documents or communications, a privilege log must clearly state the legal basis for the redaction or omission while preserving the confidentiality of privileged content.

Key Components

• Unique document identifier (e.g., Bates number)
• Document date
• Author(s) and recipient(s), including cc/bcc
• Type of document (email, memo, etc.)
• Privilege basis (attorney-client, work-product, etc.)
• Concise non-privileged description of subject matter

Best Practices

• Begin early during document review for better tracking
• Use AI-powered tools to flag and categorize privileged content
• Maintain consistent privilege language to avoid legal disputes
• Avoid broad privilege claims to reduce the risk of waiver
• Collaborate with attorneys for accurate logging
• Conduct final quality checks before submission