Critical Information in a Privilege Log
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.
Baer Reed helps law firms and in-house counsel in developing privilege logs for opposing counsel. Contact us today to learn more.
- On May 4, 2023
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