A privilege log is a document that lists all privileged or confidential information that a party is withholding from production in response to a discovery request in litigation. In essence, it is a record of information that the party has deemed confidential or privileged and thus, will not produce to the opposing party. This document is a critical part of the discovery process and must be prepared with great care and detail. Here is some of the critical information to include in a privilege log:
Identification of the Documents or Communications
The first and most crucial element of a privilege log is the identification of the documents or communications that are being withheld. The party must provide a brief description of the documents, including the date created, the author, the recipients, and the title(s)
Basis for Privilege
The second essential element of a privilege log is the basis for privilege. This section should clearly state the legal basis for withholding the information, such as attorney-client privilege, work product privilege, or any other relevant legal basis.
Date of Privilege
The third critical piece of information is the date when the privilege was created. This information is essential as it helps to establish the timing of the privileged communication or document and can help to determine the scope of the privilege.
Description of the Privilege
The fourth element of the privilege log is a description of the privilege. This section should provide a brief explanation of why the information is privileged and how it meets the legal criteria for a privileged communication or document.
Relevance to the Case
The fifth and final element of the privilege log is the relevance of the information to the case. This section should explain why the information is relevant to the case, such as providing a high-level description of the topic for which legal advice was sought. It is important to note that one should avoid revealing any privileged information in creating this description. It should be limited to the minimum amount necessary to establish that privilege exists.
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Baer Reed helps law firms and in-house counsel in developing privilege logs for opposing counsel. Contact us today to learn more.
Mr. Reyes graduated with honors from the Ateneo de Manila University, where he received the Procter and Gamble Student Excellence Award. He obtained his Juris Doctor degree from the Ateneo de Manila School of Law. During law school, Mr. Reyes was part of the Philippine delegation to the Willem C. Vis International Commercial Arbitration Moot held in Vienna, Austria. He was also a member of the Ateneo Society of International Law and the St. Thomas More Debate Society. He completed his internship at the Public Attorney’s Office. He wrote a thesis entitled: “To Kill A White Elephant: An Analysis of the Fiduciary Exception to the Corporate Attorney-Client Privilege”. Mr. Reyes is admitted to practice law in the Philippines and the State of New York.
Ms. Lardizabal-Manzano is a graduate of San Sebastian College-Recoletos, where she earned her B.A. in Political Science. In 2003, she received her law degree from Lyceum of the Philippines and was admitted to practice law in 2004.
Matthew Hersh earned a B.A. in Political Science from Columbia University in 1990 and graduated cum laude from Georgetown University Law Center in 1999. He also holds a master’s degree in international relations from the Georgetown University School of Foreign Service.
Cap. Avi Levak (Res. IDF) graduated from from Israel’s prestigious Ben-Gurion University of the Negev with a Bachelor of Science in Computer Science and Mathematics. He is also a Leadership and Communication coach trained in TuT coaching by Alon gal in Israel. Avi specializes in high-level, in-depth analysis of business and client needs, within systems and software strategy and architecture.
Ms. Tyler graduated cum laude from Georgetown University and received her law degree, cum laude, from Georgetown University Law Center. During law school, she interned at the United Nations Economic Commission for Europe. She also worked on The Tax Lawyer journal and was a member of the award-winning Barristers’ Council Mock Trial Team. Ms. Tyler is admitted to practice law in the State of California and the District of Columbia.
Ms. Cruz-Anonuevo graduated cum laude and top nine in her batch from Miriam College with a degree of Bachelor of Arts in InternationalStudies. She obtained her Juris Doctor degree from Ateneo de Manila University School of Law in Rockwell. During law school, she interned in Rivera, Santos, Maranan & Associates. She was also part of Ateneo’s Labor Law Bar Operations. She wrote her thesis on, “Stealing Privacy: Limitations on Media’s Photographic Invasion.,” Ms. Cruz-Anonuevo is admitted to practice law in the Philippines.
Ms. Aquino-Batallones obtained a Bachelor of Arts degree in Development Studies (with Minors in Global Politics and Hispanic Studies) from the Ateneo de Manila University. In 2011, she received her Juris Doctor degree from Ateneo de Manila University School of Law. During law school, she interned at Romulo Mabanta Buenaventura Sayoc & de los Angeles then became an intern of Ateneo Legal Services Center’s Clinical Legal Education Program.
Mr. De Guzman graduated from San Beda College with a degree of Bachelor of Arts Major in Economics and received his law degree from San Beda College of Law. He is multilingual and is fluent in three languages: Chinese, Filipino, and English. He was admitted to the Philippine Bar in 2003.