Privilege Log

by Practical Law Litigation

A Standard Document providing a sample privilege log that counsel may use in federal civil litigation to withhold materials based on attorney-client privilege, work product protection, or another recognized protection. This Standard Document explains how to comply with Federal Rule of Civil Procedure (FRCP) 26(b)(5), which obligates parties to expressly claim a privilege and describe the nature of withheld documents. It highlights the importance of reviewing applicable court rules and orders before preparation. This Standard Document examines the contents of a privilege log and the key differences between a traditional, document-specific log and a categorical privilege log, which is often used for large amounts of electronically stored information (ESI). It offers guidance on drafting descriptions with sufficient detail to assess the privilege claim without revealing protected information and risking waiver. Furthermore, this Standard Document addresses using technology for log creation and the crucial signature requirement under FRCP 26(g), which certifies a good faith basis for the claims and helps avoid waiver. This Standard Document has integrated drafting notes with important explanations and drafting tips.