Crafting a Defensible Privilege Log: Best Practices for Managing Partners

Crafting a Defensible Privilege Log: Best Practices for Managing Partners

According to an article by Phoebe Gebre of Integreon, the privilege log is a vital component of the discovery process, especially in today’s high-stakes litigation and regulatory environments.  It details withheld or redacted documents and justifies the application of privilege, offering opposing counsel and the court a transparent account of what has been excluded from production and why. 

For managing partners overseeing litigation teams or eDiscovery operations, Gebre says ensuring that privilege logs are accurate, consistent, and defensible is not only a procedural requirement but a strategic imperative. Adopting structured best practices up front minimizes disputes and inefficiencies down the line.

The article notes that the foundation of a well-executed privilege log lies in aligning with any stipulated discovery agreements or ESI protocols. Key details—such as whether categorical logs are permitted, which metadata fields are required, the format of the log, and timing expectations—must be clarified early. These decisions influence downstream workflow and reduce rework.

Once the parameters are set, Gebre says the review set must be properly organized. Privileged documents should be fully identified before logging begins, and redacted and fully withheld items should be handled separately to streamline review and maintain consistency. The final log should be concise yet informative, with metadata fields normalized and attorney involvement clearly indicated.

Consistency in privilege descriptions is best achieved through a structured workflow, using predefined categories that avoid disclosing privileged content while conveying the basis for withholding. To further reduce risk, Gebre suggests attorney identities should be confirmed against a reference list, and a comprehensive glossary should distinguish legal personnel from third parties whose involvement could impact privilege.

For managing partners, a defensible privilege log is not just a compliance obligation—it’s a safeguard for the firm’s strategic interests. Establishing internal standards around privilege logging improves accuracy, reduces the risk of waiver, and positions your team for success in complex disputes.