Extract from BIA’s article “Privilege Makers, Breakers & 3rd Party Consultants: Tips for Successful Privilege Review Setup”
Setting Up a Successful Privilege Review
In her article for The Daily Record, Tips for Successful Privilege Review Setup, BIA’s VP of Managed Review Lisa Moini offers guidance to attorneys managing document review projects that involve a privilege component. Many attorneys, often in haste to get a review project off the ground and running, compile one list of legal names, terms, or domains that create—or make—privilege. However, looking only as far as these “Privilege Makers” begets problems later down the road.
A much better approach—one that saves time, money, and sanity for all—is to develop two additional lists at the outset of a review. One is a list of “Privilege Breakers”, or names/terms/domains that would render an otherwise privileged document not privileged. The other is a list of Third-Party Consultants whose communications might land somewhere in the middle of privilege makers and breakers.
