Extract from eDiscovery Assistant’s article “ESI Protocols Part IX: Negotiating a Privilege Log You Can Live With”
Ah the privilege log. If you are handling privilege logs on a regular basis, you either grimaced at the title of this post, or you hoped for divine wisdom to make your life easier. Alas, I’m afraid I grimaced even at drafting the title, but I do have some small nuggets to give you some new avenues to think about when negotiating privilege logs that will, at the very least, prevent you from missing out on key information and facilitation the process of creating them to reduce time and expense.
If privilege logs are something that rarely enter your mind, I encourage you to read this post and consider whether you may need to increase the importance of them for your cases.
Now, does the concept of the privilege log NEED to be included in the ESI Protocol? The easy answer is no, it doesn’t, but it makes sense to include it there since the protocol is governing the production of ESI, and what I suggest below means that you can add the information needed for a privilege log during first pass review if you think through and set it up correctly. It also keeps all the parameters about the production of ESI in one place.
