Managing Privileged Communications During Document Review
Managing privileged communications is a key aspect of document review, ensuring that confidential legal exchanges remain protected from inadvertent disclosure. Whether dealing with attorney-client privilege or the work product doctrine, a structured approach helps mitigate risks and maintains compliance with legal obligations.
Best Practices for Managing Privileged Communications
When handling sensitive legal documents, it is essential to implement robust review processes that safeguard privileged communications. Below is a checklist of considerations as one works through preserving, logging, and reviewing such potentially privileged materials.
1. Identification and Preservation
- Understand key privilege categories: Differentiate between attorney-client privilege, attorney work product, and other confidentiality designations.
- Expert review teams: Use experienced attorneys and document review teams to identify privileged materials and proper handling procedures.
- Specialized search results: After identifying potential keywords, your legal team can utilize an AI-powered eDiscovery tool to filter or flag potentially privileged documents early in the review process and ensure that the document review team uses extra caution/care when reviewing these potentially privileged documents.
- Establish clear protocols: Develop guidelines for handling documents that may contain privileged communications to prevent inadvertent disclosure.
2. Logging and Tracking
- Create a privilege log: Maintain a detailed record of all documents identified as privileged, including:
- Date and time of communication
- Sender and recipient(s)
- Subject matter
- Type of privilege asserted (e.g., attorney-client, work product)
- Ensure consistency in logging: Standardize entries across all cases to facilitate efficient tracking and retrieval.
- Monitor changes and updates: Regularly update logs to reflect new privilege designations or reclassification of documents as necessary.
- Be cautious that the document description in the privilege log does not inadvertently reveal privileged communications
3. Reviewing and Redacting
- Conduct secondary reviews: Your attorney team should perform a secondary review of documents flagged as privileged to confirm classification.
- Apply redactions when necessary: If a document contains both privileged and non-privileged content, redact only the necessary portions while ensuring readability.
- Use secure review platforms: Employ technology that enables controlled access, redactions, and audit tracking to maintain document integrity.
- Verify privilege assertions before production: Double-check all designations before releasing documents to opposing counsel or regulators to prevent inadvertent waivers.
4. Managing Production and Potential Waivers
- Implement clawback agreements: Establish agreements that allow for the retrieval of privileged materials if disclosed inadvertently.
- Conduct quality control checks: Perform periodic audits to confirm compliance with privilege protocols.
- Prepare defensibility measures: Document decision-making processes in privilege assertions to support future challenges.
- Limit external sharing: Share privileged documents only with necessary parties, ensuring that protections such as common interest privilege are maintained.
By following a structured checklist, legal teams can build efficiencies into their document review processes, reducing the risk of privilege waiver while maintaining compliance with legal standards. Managing privileged communications effectively ensures that confidential legal discussions remain secure, protecting both client interests and the integrity of the legal process. For privilege review support, contact Baer Reed today.
- On March 28, 2025
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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.