Privilege Logs in U.S. Discovery

Understanding Privilege Logs in U.S. Discovery

Privilege logs are an integral part of the discovery process in U.S. litigation, playing a vital role in balancing the need for evidence with the protection of sensitive communications. Legal practitioners must navigate the nuanced requirements of privilege logs, ensuring that they comply with discovery rules while effectively safeguarding privileged information. This in-depth exploration provides insight into the definition, purpose, components, challenges, best practices, and judicial oversight related to privilege logs.

Definition and Purpose

A privilege log is a formal document used during the discovery phase of litigation in the United States to list items that a party withholds from production on the grounds of privilege. These privileges typically include the attorney-client privilege, which protects communications between attorneys and their clients, and the work product doctrine, which covers materials prepared in anticipation of litigation. The primary purpose of a privilege log is to furnish enough information for the opposing party and the court to assess the validity of the privilege claim without compromising the